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Proposed  Charter 


FOR  THE 


City  of  Dayton 


Prepared  and  Proposed  by  the  Charter  Commission 


PREPRINTED 

fortlie 
BUREAU  OF  Ml/NICIPAL  RESE/tRCH, 

601-603  Schwind  Building 
DAYTON,  OHIO 


THE     OCN  CRAL 


PRl  N  TINS     CO. 


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COPIES  OF  THIS  PAMPHLET 

I^f  LIMITED  QTJANTITIESl 

WILL  BE  FURNISHED  QBATI8 

BY  THE 

BUREAU  OF  MUNICIPAL  RESEARCH 

DAYTON.  OHIO. 


TABLE  OF  CONTENTS 

Sections 
Powers  of  City 1 — •     3 

Nomination  and  Election  of  Commissioners A —  20 

Initiative,  Referendum  and  Protest 21 —  50 

Departments    — 51 —  54 

Department  of  Law 55 —  65 

Department  of  Public  Service 66 

Department  of  Public  Welfare 67 —  68 

Department  of  Public  Safety 69 —  75 

Department  of  Finance 76 —  92 

Civil  Service   93—107 

Improvements  and  Assessments 108 — 141 

Appropriation  of  Property 142 — 146 

Franchises  and  Public  Utilities 147 — 155 

Appropriations    .- 156 — 160 

General   Provisions 161 — 170 


Statement  of  Charter  Commission 


To  the  Voters  of  Dayton,  Ohio: 

We  submit  herewith  for  your  consideration  a  proposed 
charter,  framed  under  authority  and  in  conformity  with  the 
constitution  and  laws  of  the  State  of  Ohio. 

In  the  preparation  of  the  charter  the  Commission  has 
sought  information  and  suggestions  from  many  sources.  A 
number  of  public  meetings  have  been  held  at  which  general 
discussion  was  had  of  what  provisions  the  charter  should  con- 
tain. Charters  of  other  cities  have  been  carefully  examined 
and  considered.  The  Commission  has  incorporated  in  this 
charter  all  of  the  provisions  which  it  believed  \^uld  fdrnish 
the  best  charter  for  our  city.  1      ]f 

We  have  taken  a  step  in  advance  of  the  Com\jisgion  gov- 
erned cities  and  provided  a  remedy  for  the  generally  acknowl- 
edged defect  of  such  forms.  We  have  provided  a  chief  admin- 
istrative-officer named  ''The  City  Manager,"  whose  duty  it 
shall  be  to  supervise  and  control  the  conduct  and  operations 
of  all  officers  and  employes  of  the  city  and  to  manage  the 
affairs  of  the  city  in  an  efficient  and  economical  manner.  We 
are  convinced  that  this  centralization  of  administrative  author- 
ity will  produce  business-like  methods  in  city  government  and 
fix  responsibility  for  official  action  that  will  result  in  great 
benefit. 

To  enable  the  voters  to  obtain  a  comprehensive  view  of  the 
prominent  provisions  of  this  charter,  we  submit  the  following 
brief  outline : 

The  Commission. 

The  legislative  functions  are  delegated  to  a  Commission 
of  five  citizens,  elected  at  large  by  the  people  and  any  and  all 
of  whom  are  subject  to  recall  at  all  times.  At  the  first  election 
three  Commissioners  will  be  elected  for  four  years  and  two  for 
two  years,  and  thereafter  their  successors  shall  be  elected  for 
four  years.  In  this  manner  we  insure  a  Commission  at  all 
times  familiar  with  the  operation  of  the  city  government. 

The  City  Manager. 

A  competent,  experienced,  trained  and  capable  person 
selected  on  account  of  his  peculiar  fitness  and  ability  to  man- 
age the  aflfairs  of  the  city. 

Nominations  and  Elections. 

(1)  Party  politics  are  eliminated.  No  party  designations 
will  appear  on  the  ballot. 

267676 


4  Charter  ol  the  City  of  Dayton 

(2)  Ward  lines  are  abolished.  The  city  is  considered  as 
a  unit,  insuring  to  all  parts  of  the  city  equal  representation 
and  consideration. 

(3)  The  short  ballot  principle  has  been  adopted. 

(4)  Elective  officers  and  the  City  Manager  are  subject  to 
recall  by  the  people  at  all  times. 

Initiative  and  Referendum. 

Provision  has  been  made  whereby  the  people  may  initiate 
legislation  and  compel  the  submission  to  them  of  any  legisla- 
tion passed  or  refused  to  be  passed  by  the  Commission.  This 
insures  the  control  of  all  legislation  to  the  people. 

Civil  Service  Board. 

A  civil  service  board  of  three  will  be  appointed  by  the 
Commission  for  terms  of  six  years,  one  appointed  every  two 
years.  The  Commission  will  have  authority  to  see  that  all 
officers  and  employes  are  appointed  on  the  basis  of  merit  and 
fitness  alone,  and  will  keep  a  record  of  their  efficiency  in  the 
service. 

Administrative  Departments. 

The  various  functions  of  the  government  are  subdivided 
into  departments  all  under  the  control  and  jurisdiction  of  the 
City  Manager.  The  subdivision  is  logical  and  systematic  and 
allows  the  greatest  latitude  for  the  efficient  discharge  of  the 
functions  of  the  government.  Each  department  will  be  in 
charge  of  a  director  selected  by  the  City  Manager  on  account 
of  his  fitness,  integrity  and  ability. 

Accounting  and  Finance. 

In  creating  the  Department  of  Finance,  great  care  has  been 
exercised  to  provide  for  the  institution  of  the  best  and  most 
modern  business  methods  of  accounting.  All  of  the  financial 
afifairs  of  the  city  are  consolidated  in  this  one  department. 
Principles  of  accounting  are  laid  down  and  the  duty  imposed 
on  the  Director  of  Finance  to  establish  them  for  all  adminis- 
trative departments.  An  adequate  system  of  accounting,  such 
as  herein  provided,  will  prevent  the  waste  of  public  funds  and 
insure  an  accurate  record  of  all  municipal  transactions.  An 
independent  continuous  audit  by  certified  public  accountants, 
under  the  direction  of  the  Commission,  is  also  provided,  as 
well  as  complete  compulsory  publicity  of  all  financial  affairs. 

Public  Welfare. 

A  department  has  been  created  for  the  purpose  of  develop- 
ing and  caring  for  the  welfare  of  the  people.  We  believe  the 
welfare  of  the  people  is  as  important  as  the  care  of  their  prop- 
erty.   Public  health,  parks  and  playgrounds,  charities  and  cor- 


Charter  of  the  City  of  Dayton  5 

rections,  and  recreation  are  gathered  together  in  this  depart- 
ment. 

Legal  Advertising. 

The  charter  provides  a  radical  departure  from  the  present 
custom  in  this  regard.  It  is  optional  with  the  Commission  to 
publish  all  legal  notices  in  a  paper  published  by  the  city  or  in 
a  daily  newspaper  of  general  circulation.  If  the  latter  method 
is  adopted,  it  shall  be  done  by  contract  let  only  after  competi- 
tive bidding. 

Franchises 

No  exclusive  grants  are  permitted.  The  Copimission  may, 
by  ordinance,  grant  franchises,  but  all  ordinances  making 
grants  or  renewals  shall  reserve  to  the  city  the  power  to  regu- 
late, the  right  to  terminate,  and  to  purchase  the  property  of 

the  utility. 

City  Purchasing  Agent. 

All  purchases  made  by  the  city  are  made  by  an  agent  ap- 
pointed for  that  purpose,  w^ho  shall  purchase  supplies  after 
competitive  bidding.  This  will  provide  an  economical  and 
efficient  system  for  purchase  of  supplies. 

In  addition  to  the  foregoing  provisions,  the  charter 
provides : 

1.  A  simplified  election  system. 

2.  Elective  officials  are  directly  responsible  to  the  people. 

3.  Responsibility  is  definitely  fixed. 

4.  An  adequate  system  of  accounting  is  established. 

5.  The  rights  of  the  city  in  matters  relating  to  franchises 
and  utilities  are  carefully  guarded. 

6.  The  merit  system  in  appointments  to  public  office  is 
assured. 

7.  Full  publicit)'-  of  public  records  is  provided. 

8.  Public  depositories  and  interest  on  public  funds  is 
assured. 

9.  The  manner  of  assessments  for  improvements  has  been 
clearly  set  forth. 

10.  The  Commission  is  given  authority  to  settle  damage 
claims  without  unnecessary  cost. 

11.  An  eight-hour  law  for  public  w^ork  may  be  provided. 

12.  Improvements  may  be  made  by  contract  or  by  direct 
labor. 

These  and  other  features  will  provide  a  workable,  simpli- 
fied, and  well-balanced  system  of  government. 

The  members  of  the  Commission  have  adopted  this  charter 
by  unanimous  vote,  believing  that  if  it  is  adopted  by  the  peo- 


6  Charter  of  the  City    of  Dayton 

pie,  it  will  provide  for  Dayton  an  adequate,  economical,  and 
efficient  form  of  government,  and  one  that  will  be  responsive 
to  every  demand  of  the  people.  The  adoption  of  this  charter 
by  the  voters  will  insure  to  the  city  a  form  of  government 
devised  to  suit  its  particular  needs.  If  adopted,  we  will  not  be 
compelled  to  continue  under  a  form  of  government  provided 
by  the  General  Assembly,  suitable  to  no  particular  city  in  the 
state,  and  which  is  antiquated,  cumbersome,  and  wholly  un- 
suited  to  the  needs  of  a  modern,  progressive  city  like  Dayton. 
The  people  of  Dayton  must  choose  between  the  present 
form  of  government  and  the  form  as  expressed  in  this  charter. 

THE  CHARTER  COMMISSION. 


Charier  of  the  City   of   Dayton 


THE  CHARTER 

of  the 

CITY  OF  DAYTON 

Powers  of  City. 

Section  1.  The  inhabitants  of  the  city  of  Dayton,  as  its 
limits  now  are,  or  may  hereafter  be,  shall  be  a  body 
politic  and'  corporate  by  name  The  City  of  Dayton,  and  as 
such  shall  have  perpetual  succession;  may  use  a  corporate 
seal ;  may  sue  and  be  sued ;  may  acquire  property  in  fee  simple 
or  lesser  interest  or  estate  by  purchase,  gift,  devise,  appropria- 
tion, lease,  or  lease  with  the  privilege  to  purchase  for  any  mu- 
nicipal purpose;  may  sell,  lease,  hold,  manage,  and  control 
such  property,  and  make  any  and  all  rules  and  regulations  by 
ordinance  or  resolution  which  may  be  required  to  carry  out 
fully  all  the  provisions  of  any  conveyance,  deed,  or  will,  in 
relation  to  any  gift  or  bequest,  or  the  provisions  of  any  lease 
by  which  it  may  acquire  property;  may  acquire,  construct, 
own,  lease  and  operate  and  regulate  public  utilities ;  may 
assess,  levy  and  collect  taxes  for  general  and  special  purposes 
on  all  the  subjects  or  objects  which  the  city  may  lawfully  tax; 
may  borrow  money  on  the  faith  and  credit  of  the  city  by  the 
issue  or  sale  of  bonds  or  notes  of  the  city;  may  appropriate  the 
money  of  the  city  for  all  lawful  purposes ;  may  create,  provide 
for,  construct,  regulate  and  maintain  all  things  of  the  nature 
of  public  works  and  improvements ;  may  levy  and  collect  as- 
sessments for  local  improvements;  may  license  and  regulate 
persons,  corp'orations  and  associations  engaged  in  any  busi- 
ness, occupation,  profession  or  trade ;  may  define,  prohibit, 
abate,  suppress  and  prevent  all  things  detrimental  to  the 
health,  morals,  comfort,  safety,  convenience  and  welfare  of  the 
inhabitants  of  the  city,  and  all  nuisances  and  causes  thereof; 
may  regulate  the  construction,  height,  and  the  material  used 
in  all  buildings,  and  the  maintenance  and  occupancy  thereof; 
may  regulate  and  control  the  use,  for  whatever  purposes,  of 
the  streets  and  other  public  places;  may  create,  establish, 
abolish  and  organize  offices  and  fix  the  salaries  and  compensa- 
tions of  all  officers  and  employes ;  may  make  and  enforce  local 
police,  sanitary  and  other  regulations;  and  may  pass  such 
ordinances  as  may  be  expedient  for  maintaining  and  promot- 
ing the  peace,  good  government  and  welfare  of  the  city,  and 
for  the  performance  of  the  functions  thereof.  The  city  shall 
have  all  powers  that  now  are,  or  hereafter  may  be  granted  to 
municipalities  by  the  constitution  or  laws  of  Ohio;  and  all 


8  Charter  of  the  City  of  Dayton 

such  powers,  whether  expressed  or  implied,  shall  be  exercised 
and  enforced  in  the  manner  prescribed  by  this  charter,  or 
when  not  prescribed  herein,  in  such  manner  as  shall  be  pro- 
vided by  ordinances  or  resolutions  of  the  Commission. 

Section  2.  The  enumeration  of  particular  powers  by  this 
charter  shall  not  be  held  or  deemed  to  be  exclusive,  but,  in 
addition  to  the  powers  enumerated  herein,  implied  thereby  or 
appropriate  to  the  exercise  thereof,  the  city  shall  have,  and 
may  exercise,  all  other  powers  which,  under  the  constitution 
and  laws  of  Ohio,  it  would  be  competent  for  this  charter  spe- 
cifically to  enumerate. 

Form  of  Government. 

Section  3.  General  Description:  The  form  of  govern- 
ment provided  in  this  article  shall  be  known  as  the  "Commis- 
sion-Manager Plan,"  and  shall  consist  of  a  commission  of  five 
citizens,  who  shall  be  elected  at  large  in  manner  hereinafter 
provided.  The  Commission  shall  constitute  the  governing 
body  with  powers  as  hereinafter  provided  to  pass  ordinances, 
adopt  regulations,  and  appoint  a  chief  administrative  officer 
to  be  known  as  the  "City  Manager,"  and  exercise  all  powers 
hereinafter  provided. 


NOMINATION  AND  ELECTION  OF 
*  COMMISSIONERS. 

Section  4.  All  Commissioners  shall  serve  for  a  term  of 
four  years  and  until  their  successors  are  elected  and  have 
qualified.  Except  that  at  the  first  election  the  three  candi- 
dates having  the  highest  number  of  votes  shall  serve  for  four 
years,  and  the  two  candidates  having  the  next  highest  number 
of  votes  shall  serve  for  two  years. 

Vacancies. 

Section  5.  Vacancies  in  the  Commission  shall  be  filled  by 
the  Commission  for  the  remainder  of  the  unexpired  term,  but 
any  vacancy  resulting  from  a  recall  election  shall  be  filled  in 
the  manner  provided  in  such  case. 

Qualifications. 

Section  6.  Members  of  the  Commission  shall  be  residents 
of  the  city  and  have  the  qualifications  of  electors  therein. 
Commissioners  and  other  officers*  and  employes  shall  not  hold 
any  other  public  office  or  employment  except  in  the  State 
Militia,  and  shall  not  be  interested  in  the  profits  or  emolu- 
ments of  any  contract,  job,  work  or  service  for  the  munici- 
pality. Any  Commissioner  who  shall  cease  to  possess  any  of 
the  qualifications  herein  required   shall  forthwith  forfeit  his 


Charter  of  the  City  of  Daytoa  9 

office,  and  any  such  contract  in  which  any  njenrber  is  pr  may 
become  interested  may  be  declared  void  by  the  Commission. 
No  Commissioner  or  other  officer  or  employe  of  said  city 
shall  accept  any  frank,  free  ticket,  passes  or  service  directly  or 
indirectly,  from  any  person,  firm  or  corporation  upon  terms 
more  favorable  than  are  granted  to  the  public  generally.  Any 
violation  of  the  provisions  of  this  section  shall  be  a  misde- 
meanor. Such  prohibition  of  free  service  shall  not  apply  to 
policemen  or  firemen  m  uniform  or  wearing  their  official 
badges,  where  same  is  provided  by  ordinance. 


ELECTION  PROVISIONS. 

Nomination  by  Petition. 
Section  7.  A.  Candidates  for  Commissioners  under  the 
provisions  of  this  charter  shall  be  nominated  by  a  primary 
election,  which  shall  be  held  the  first  Tuesday  after  the  first 
Monday  in  September,  1913,  and  thereafter  on  the  second 
Tuesday  of  August  of  the  odd  numbered  years.  The  name  of 
any  elector  of  the  city  shall  be  printed  upon  the  primary  ballot 
when  a  petition  in  the  form  hereinafter  prescribed  shall  have 
been  filed  in  his  behalf  with  the  Board  of  Deputy  State  Super- 
visors of  Election,  and  such  petition  shall  have  been  signed 
by  at  least  two  per  cent  of  the  total  number  .of  registered 
voters  in  the  municipality. 

B.  The  signatures  to  a  nominating  petition  need  not  all 
be  appended  to  one  paper,  but  to  each  separate  paper  there 
shall  be  attached  an  affidavit  of  the  circulator  thereof  stating 
the  number  of  signers  of  such  paper  and  that  each  signature 
appended  thereto  was  made  in  his  presence  and  is  the  genuine 
signature  of  the  person  whose  name  it  purports  to  be.  Each 
signer  of  a  petition  shall  sign  his  name  in  ink  or  indelible 
pencil,  and  shall  place  on  the  petition  after  his  name  his  place 
of  residence  by  street  and  number. 

C.  Petition  papers  shall  be  in  substantially  the  following 
form: 

Form  of  Petition  Paper. 

We,  the  undersigned,  hereby  present , 

whose  residence  is ,  Dayton,  Ohio,  as  a 

candidate  for  nomination  to  the  office  of  Commissioner,  to  be 

voted  upon  at  the  primary  election,  to  be  held  on  the 

day   of ,    19 ;   and   we   individually   certify 

that  we  have  not  signed  similar  petitions  greater  in  number 
than  the  number  of  Commissioners  to  be  chosen  at  the  next 
general  municipal  election. 

Name 1__ 

Street  and  Number 

(Space  for  Signatures) 


10  Charter  of  the  City    of  Dayton 

Montgomery   County,    I 
State  of  Ohio,  j     ^^ ' 

,  being  duly   sworn,   deposes   and 

says  that  he  is  the  circulator  of  the  foregoing  petition  paper 
containing signatures,  and  that  the  signa- 
tures appended  thereto  were  made  in  his  presence  and  are  the 
signatures  of  the  persons  whose  names  they  purport  to  be. 

(Signed) ^ 

Subscribed  and  sworn  to  before  me  this day 

of 19___. 


Notary  Public. 
This   petition,   if   found   insufficient,   shall   be   returned   to 

at    No.__j Street, 

Dayton,  Ohio. 

D.  All  nominating  papers  comprising  a  petition  shall  be 
assembled  and  filed  with  the  election  authorities,  as  one  in- 
strument, at  least  thirty  (30)  days  prior  to  the  date  of  holding 
the  primary  election  with  respect  to  which  such  petition  is 
filed ;  except  as  hereinafter  provided. 

E.  Any, person  whose  name  has  been  submitted  for  can- 
didacy by  any  such  petition  shall  file  his  acceptance  of  such 
candidacy  with  the  election  authorities  not  later  than  twenty- 
five  (25)  days  before  the  day  of  the  primary  election,  and  in 
the  absence  of  such  acceptance  the  name  of  the  candidate 
shall  not  appear  on  the  ballot.  Except  that  at  the  first  pri- 
mary election  held  under  this  charter  such  petition  and  such 
acceptance  shall  be  filed  at  least  ten  (10)  days  before  such 
primary  election,  and  publication  for  bids  for  printing  the 
ballots  for  such  first  primary  election  hereunder  shall  be  dis- 
pensed with  by  said  Board  of  Elections,  and  notices  by  mail 
instead  shall  be  sent  to  all  printing  offices  in  the  county  as  is 
provided  by  law. 

Form  of  Ballots. 

Section  8.  All  ballots  used  in  all  elections  heid  under  au- 
thority of  this  charter  shall  be  without  party  mark  or  desig- 
nation. 

Except  that  the  crosses  here  shown  shall  be  omitted,  and 
that  in  place  of  the  names  of  persons  here  shown  there  shall 
appear  the  names  of  persons  who  are  candidates  for  nomina- 
tion, the  primary  ballots  shall  be  substantially  as  hereinafter 
designated.  Primary,  Regular  and  Special  Election  Ballots 
provided  under  authority  of  this  charter  for  the  nomination 
or  election  of  commissioners  shall  not  bear  the  name  of  any 
person  or  persons  or  any  issue  other  than  those  candidates  for 
nomination  or  election  to  the  office  of  Commissioner. 


Charter  of  the  City   of  Dayton 


11 


Form  of  Primary  Ballot — Primary  Election 

Section  9.  Vote  for  (insert  here  a  number  equal  to  the 
number  of  persons  to  be  elected  to  the  office  of  Commissioner 
at  the  next  regular  municipal  election). 

If  you  wrongly  mark,  tear  or  deface  this  ballot,  return  it 
and  obtain  another. 

Candidates  for  Nomination  to  the  Office  of 
Commissioner 


X 

John  Doe 

X     i     Richard  Doe 

X     1     Henry  Smith 

X 

George  Jones 

X 

James  Richards 

The  candidates  for  nomination  to  the  office  of  Commis- 
sioner who  shall  have  received  the  greatest  vote  in  such  pri- 
mary election  shall  be  placed  on  the  ballot  at  the  next  regular 
municipal  election,  in  number  not  to  exceed  double  the  number 
of  vacancies  in  the  Commission  to  be  filled. 

Ballots  for  regular  municipal  elections  shall  be  similar  in 
form  to  those  of  primary  ballots,  except  that  the  words  "Regu- 
lar Municipal  Election"  shall  appear  at  the  top  of  each  ballot, 
and  immediately  over  the  names  of  the  regularly  nominated 
candidates  for  the  office  of  Commissioner  shall  appear  the 
words,  "For  Commissioner." 

Rotation  of  Names  on  Ballot. 

Section  10.  The  names  of  candidates  on  all  ballots  used 
in  any  election  held  under  the  authority  6f  this  charter  shall 
be  printed  in  rotation,  as  follows: 

The  ballot  shall  be  printed  in  as  many  series  as  there  are 
candidates  for  the  office  of  Commissioner.  The  whole  num- 
ber of  ballots  to  be  printed  shall  be  divided  by  the  number  of  ^ 
series  and  the  quotient  so  obtained  shall  be  the  number  of 
ballots  in  each  series.  In  printing  the  first  series  of  ballots 
the  names  of  candidates  shall  be  arranged  in  alphabetical 
order.  After  printing  the  first  series  the  first  name 
shall  be  placed  last  and  the  next  series  printed,  and  the 
process  shall  be  repeated  until  each  name  in  the  list  shall  have 
been  printed  an  equal  number  of  times.  The  ballots  so  printed 
shall  then  be  combined  in  tablets,  so  as  to  have  the  fewest 
possible  ballots  having  the  same  order  of  names  printed  there- 
on together  in  the  same  tablet. 


12  Charter  of  the  City  of  Dayton 

Counting  the  Votes. 

Section  11.  At  any  regular  municipal  election  held  under 
the  provision  of  this  charter  the  candidates  for  the  office  of 
Commissioner  in  number  equal  to  the  vacancies  to  be  filled, 
who  shall  have  received  the  greatest  number  of  votes  cast, 
shall  be  declared  elected.  A  tie  between  two  or  more  candi- 
dates for  the  office  of  Commissioner  shall  be  decided  by  lot 
under  the  direction  of  the  election  authorities,  as  provided  by 
General  Election  Laws  of  the  State  of  Ohio. 

Regular  and  Special  Elections. 

Section  12.  A  regular  election  for  the  choice  of  Commis- 
sioners provided  for  in  this  charter  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November,  1913,  and  on  the 
first  Tuesday  after  the  first  Monday  in  November  in  each 
second  year  thereafter.  Elections  so  held  shall  t)e  known  as 
regular  municipal  elections.  All  other  elections  held  under 
the  provisions  of  this  charter,  excepting  those  for  the  nomina- 
tion of  candidates  for  the  office  of  Commissioner,  shall  be 
known  as  special  municipal  elections.  All  elections  shall  be 
conducted  and  the  results  canvassed  and  announced  by  the 
election  authorities  prescribed-  by  General  Election  Laws, 
and,  except  as  otherwise  provided  herein,  the  General  Election 
Laws  shall  control  in  all  such  elections. 

Recall  Elections. 

Section  13.  Any  or  all  of  the  Commissioners,  or  the  City 
Manager,  provided  for  in  this  charter  may  be  removed  from 
office  by  the  electors.  The  procedure  to  effect  such  removal 
shall  be  as  follows: 

A  petition  demanding  that  the  question  of  removing  such 
officer  or  officers  be  submitted  to  the  electors  shall  be  filed 
with  the  clerk  of  the  Commission. 

Such  petition  for  the  recall  of  any  or  all  of  the  Commis- 
sioners or  the  City  Manager  shall  be  signed  by  at  least  twenty- 
five  (25)  per  cent  of  the  total  number  of  registered  voters  in 
the  municipality. 

The  signatures  to  such  petitions  need  not  be  appended  to 
any  one  paper. 

Section  14.  Petition  papers  shall  be  procured  only  from 
the  Clerk  of  the  Commission,  who  shall  keep  a  sufficient  num- 
ber of  such  blank  petitions  on  file  for  distribution  as  herein 
provided.  Prior  to  the  issuance  of  such  petition  papers  an 
affidavit  shall  be  made  by  one  or  more  qualified  electors  and 
filed  with  the  Clerk  of  the  Commission,  stating  the  name  and 
office  of  the  officer  or  officers  sought  to  be  removed.  The 
Clerk  of  the  Commission,  upon  issuing  any  such  petition 
papers  to  an  elector,  shall  enter  in  a  record,  to  be  kept  in  his 


Charter  of  the  City  of  Dayton  13 

office,  the  name  of  the  elector  to  whom  issued,  the  date  of  such 
issuance,  and  the  number  of  papers  issued,  and  shall  certify 
on  such  papers  the  name  of-  the  elector  to  whom  issued  and 
the  date  issued.  No  petition  papers  so  issued  shall  be  accepted 
as  part  of  the  petition  unless  it  bears  such  certificate  of  the 
Clerk  of  the  Commission  and  unless  it  be  filed  as  provided 
herein. 

Section  15.  Each  signer  of  a  recall  petition  shall  sign  his 
name  in  ink  or  indelible  pencil  and  shall  place  thereon  after 
his  name  his  place  of  residence  by  street  and  number.  To 
each  such  petition  paper  there  shall  be  attached  an  affidavit 
of  the  circulator  thereof,  stating  the  number  of  signers  to  such 
part  of  the  petition  and  that  each  signature  appended  to  the 
paper  was  made  in  his  presence  and  is  the  genuine  signature 
of  the  person  whose  name  it  purports  to  be. 

Section  16.  All  papers  comprising  a  recall  petition  shall 
be  assembled  and  filed  with  the  Clerk  of  the  Commission  as 
one  instrument  within  thirty  (30)  days  after  the  filing  with 
the  Clerk  of  the  Commission  of  the  affidavit  stating  the  name 
and  office  of  the  officer  sought  to  be  removed. 

Section  17.  The  Clerk  of  the  Commission  shall  at  once 
submit  the  recall  petition  to  the  Commissioners  and  shall 
notify  the  officer  sought  to  be  recalled  of  such  action.  If  the 
official  whose  removal  is  sought  does  not  resign  within  five 
(5)  days  after  such  notice,  the  Commission  shall  thereupon 
order  and  fix  a  day  for  holding  a  recall  election.  Any  such 
election  shall  be  held  not  less  than  forty  (40)  nor  more  than 
sixty  (60)  days  after  the  petition  has  been  presented  to  the 
Commission,  at  the  same  time  as  any  other  general  or  special 
election  held  within  such  period;  but  if  no  such  election  be 
held  within  such  period,  the  Commission  shall  call  a  special 
recall  election  to  be  held  within  the  time  aforesaid. 

Section  18.  The  ballots  at  such  recall  elections  shall  con- 
form to  the  following  requirements: 

'  With  respect  to  each  person  whose  removal  is  sought  the 
question  shall  be  submitted,  "Shall  (Name  of  person)  be  re- 
moved from  the  office  of  (Name  of  office)  by  recall?" 

Immediately  following  each  such  question  there  shall  be 
printed  on  the  ballots  the  two  propositions,  in  the  order  set 
forth : 

For  the  recall  of  (Name  of  person). 
Against  the  recall  of  (Name  of  person). 

Immediately  to  the  left  of  the  proposition  shall  be  placed  a 
square  in  which  the  electors,  by  making  a  cross  mark  (X), 
may  vote  for  either  of  such  propositions.  Under  said  ques- 
tions shall  be  placed  the  names  of  candidates  to  fill  the  vacancy 
or  vacancies.     The  name  of  the  officer  or  officers  whose  re- 


14  Charter  of  the  City   of  Dayton 

moval  is  sought  shall  not  appear  on  the  ballot  a^  a  candidate 
or  candidates  to  succeed  himself  or  themselves. 

Before  any  such  recall  election  for  the  removal  of  Com- 
missioners shall  be  had,  there  shall  be  nominated  candidates 
to  fill  the  vacancy  or  vacancies,  the  nominations  therefor  to  be 
made  by  petition,  which  petition  for  each  candidate  shall  be 
signed  by  at  least  five  (5)  per  cent  of  the  registered  electors 
of  the  City  of  Dayton,  and  shall  be  filed  with  the  election  au- 
thorities of  the  City  of  Dayton  at  least  thirty  (30)  days  prior 
to  the  date  fixed  for  holding  such  recall  election;  and  the  form 
and  requirements  for  said  petition  and  acceptance  by  candi- 
dates shall  be  the  same  as  hereinbefore  provided  in  the  case  of 
primary  nominations.  In  the  event  of  the  recall  of  the  City 
Manager,  his  successor  shall  be  appointed  by  the  Commission. 

Section  19.  Should  a  majority  of  the  votes  cast  at  a  recall 
election  be  against  the  recall  of  the  officer  named  on  the  ballot, 
such  officer  shall  continue  in  office  for  the  remainder  of  his 
unexpired  term,  subj-ect  to  recall  as  before.  If  a  majority  of 
the  votes  cast  at  a  recall  election  shall  be  for  the  recall  of  the 
officer  named  on  the  ballot,  he  shall,  regardless  of  any  tech- 
nical defects  in  the  recall  petition,  be  deemed  removed  from 
office. 

Section  20.  No  recall  petition  shall  be  filed  against  a  Com- 
missioner or  the  City  Manager  within  six  (6)  months  after  he 
takes  his  office,  nor  in  case  of  an  officer  re-elected  in  a  recall 
election  until  si:?C  (6)  months  after  that  election. 


INITIATIVE,  REFERENDUM  AND  PROTEST 

Section  21.  Any  proposed  ordinance  may  be  submitted  to 
the  Commission  by  petition  signed  by  at  least  ten  (10)  per 
cent  of  the  total  number  of  registered  voters  in  the  municipal- 
ity. All  petition  papers,  circulated  with  respect  to  any  proposed 
ordinance,  shall  be  uniform  in  character  and  shall  contain  the 
proposed  ordinance  in  full,  and  have  printed  or  written  there- 
on the  names  and  addresses  of  at  least  five  electors  who  shall 
be  officially  regarded  as  filing  the  petition  and  shall  constitute 
a  committee  of  the  petitioners  for  the  purposes  hereinafter 
named. 

Section  22.  Each  signer  of  a  petition  shall  sign  his  name 
in  ink  or  indelible  pencil  and  shall  place  on  the  petition  paper 
after  his  name  his  place  of  residence  by  street  and  number. 
The  signatures  to  any  such  petition  paper  need  not  all  be  ap- 
pended to  one  paper,  but  to  each  such  paper  there  shall  be 
attached  an  affidavit  by  the  circulator  thereof,  stating  the  num- 
ber of  signers  to  such  part  of  the  petition  and  that  each  signa- 
ture appended  to  the  paper  is  the  genuine  signature  of  the 
person  whose  name  it  purports  to  be,  and  was  made  in  the 
presence  of  the  affiant. 


Charter  of  the  City  of  DaytoB  15 

Section  23.  All  papers  comprising  a  petition  shall  be  as- 
sembled and  filed  with  the  Clerk  of  the  Commission  as  one 
instrument,  and  when  so  filed  the  Clerk  of  the  Commission 
shall  submit  the  proposed  ordinance  to  the  Commission  at  its 
next  regular  meeting.  Provision  shall  be  made  for  public 
hearings  upon  the  proposed  ordinance. 

Section  24.  The  Commission  shall  at  once  proceed  to  con- 
sider it  and  shall  take  final  action  thereon  within  thirty  (30) 
days  from  the  date  of  submission.  If  the  Commission  rejects 
the  proposed  ordinance,  or  passes  it  in  a  form  different  from 
that  set  forth  in  the  petition,  the  committee  of  the  petitioners 
may  require  that  it  be  submitted  to  a  vote  of  the  electors  in 
its  original  form  or  that  it  be  submitted  to  a  vote  of  the  elect- 
ors with  any  proposed  change,  addition,  or  amendment,  if  a 
petition  for  such  election  is  presented  bearing  additional  sig- 
natures of  fifteen  (15)  per  cent  of  the  electors  of  the  city. 

Section  25.  When  an  ordinance  proposed  by  petition  is  to 
be  submitted  to  a  vote  of  the  electors,  the  committee  of  the 
petitioners  shall  certify  that  fact  and  the  proposed  ordinance 
to  the  Clerk  of  the  Commission  within  twenty  (20)  days  after 
the  final  action  on,  such  proposed  ordinance  by  the  Com- 
mission. 

Section  26.  Upon  receipt  of  the  certificate  and  certified 
copy  of  the  proposed  ordinance,  the  Clerk  shall  certify  the  fact 
to  the  Commission  at  its  next  regular  meeting.  If  an  election 
is  to  be  held  not  more  than  six  months  nor  less  than  thirty  (30) 
days  after  the  receipt  of  the  Clerk's  certificate  by  the  Com- 
mission, such  proposed  ordinance  shall  then  be  submitted  to  a 
vote  of  the  electors.  If  no  such  election  is  to  be  held  within 
the  time  aforesaid,  the  Commission  shall  provide  for  submit- 
ting the  proposed  ordinance  to  the  electors  at  a  special 
election. 

Section  27.  The  ballots  used  when  voting  upon  any  such 
proposed  ordinance  shall  state  the  title  of  the  ordinance  to  be 
voted  on  and  below  it  the  two  propositions,  **For  the  Ordi- 
nance" and  "Against  the  Ordinance."  Immediately  at  the  left 
of  each  proposition  there  shall  be  a  square  in  which,  by  mak- 
ing a  cross  (X),  the  voter  may  vote  for  or  against  the  pro- 
posed ordinance.  If  a  majority  of  the  electors  voting  on  any 
such  proposed  ordinance  shall  vote  m  favor  thereof,  it  shall 
thereupon  become  an  ordinance  of  the  city. 

Section  28.  Proposed  ordinances  for  repealing  any  exist- 
ing ordinance  or  ordinances,  in  whole  or  in  part,  may  be  sub- 
mitted to  the  Commission  as  provided  in  the  preceding  sec- 
tions for  initiating  ordinances.  Initiated  ordinances  adopted 
by  the  electors  shall  be  published  and  may  be  amended  or 
repealed  by  the  Commission  as  in  the  case  of  other  ordinances. 

Section  29.  No  ordinance  passed  by  the  Commission,  un- 
less it  be  an  emergency  measure,  shall  go  into  effect  until 


16  Charter  of  the  City   of  Dayton 

thirty  (30)  days  after  its  final  passage  by  the  Commission.  If, 
at  any  time  within  said  thirty  (30)  days,  a  petition  signed  by 
twenty-five  (25)  per  cent  of  the  total  number  of  registered 
voters  in  the  municipality  be  filed  with  the  Clerk  of  the  Com- 
mission requesting  that  any  such  ordinance  be  repealed  or 
submitted  to  a  vote  of  the  electors,  it  shall  not  become  oper- 
jgcl^ve  until  the  steps  indicated  herein  have  been  taken. 

Section  30.  The  Clerk  of  the  Commission  shall  deliver  the 
petition  to  the  Commission,  which  shall  proceed  to  reconsider 
the  ordinance.  If,  upon  such  reconsideration,  the  ordinance 
be  not  entirely  repealed,  the  Commission  shall  provide  for 
submitting  it  to  a  vote  of  the  electors,  and  in  so  doing  the 
Commission  shall  be  governed  by  the  provisions  of  Sections 
25,  26  and  27  hereof,  respecting  the  time  of  submission  and  of 
manner  of  voting  on  ordinances  proposed  to  the  Commission 
by  petition.  If,  when  submitted  to  a  vote  of  the  electors,  any 
such  ordinance  be  not  approved  by  a  majority  of  those  voting 
thereon,  it  shall  be  deemed  repealed. 

Section  31.  Referendum  petitions  need  not  contain  the 
text  of  the  ordinances,  the  repeal  of  which  is  sought,  but  shall 
be  subject  in  all  other  respects  to  the  requirements  for  peti- 
tions submitting  proposed  ordinances  to  the  Commission. 
Ballots  used  in  referendum  elections  shall  conform  in  all  re- 
spects to  those  provided  for  in  Section  27  of  this  charter. 

Ordinances. 

Section  32.  Ordinances  submitted  to  the  Commission  by 
initiative  petition  and  passed  by  the  Comrnission  without 
change,  or  passed  in  an  amended  form  and  not  required  to  be 
submitted  to  a  vote  of  the  electors  by  the  committee  of  the 
petitioners,  shall  be  subject  to  the  referendum  in  the  same 
manner  as  other  ordinances. 

Conflicting  Ordinances. 
Section  33.     If  the  provisions  of  two  or  more  ordinances 
adopted  or  approved  at  the  same  election  conflict,  the  ordi- 
nance receiving  the  highest  affirmative  vote  shall  prevail. 

Referendum  on  Emergency  Measures. 
Section  34.  Ordinances  passed  as  emergency  measures 
shall  be  subject  to  referendum  in  like  manner  as  other  ordi- 
nances, except  that  they  shall  go  into  effect  at  the  time  indi- 
cated in  such  ordinances.  If,  when  submitted  to  a  vote  of  the 
electors,  an  emergency  measure  be  not  approved  by  a  ma- 
jority of  those  voting  thereon,  it  shall  be  considered  repealed 
as  regards  any  further  action  thereunder ;  but  such  measure  so 
repealed  shall  be  deemed  sufficient  authority  for  payment  in 
accordance  with  the  ordinance,  of  any  expense  incurred  pre- 
vious to  the  referendum  vote  thereon. 


,  Charter  of  the  City  of  Dayton  17 

RefeFendum — Preliminary  Action. 

Section  35.  In  case  a  petition  be  filed  requiring  that  a 
measure  passed  by  the  Commission  providing  for  an  expendi- 
ture of  money,  a  bond  issue,  or  a  public  improvement  be  sub- 
mitted to  a  vote  of  the  electors,  all  steps  preliminary  to  such 
actual  expenditure,  actual  issuance  of  bonds,  or  actual  execu- 
tion of  a  contract  for  such  improvement,  may  be  taken  prior 
to  the  election. 

Mayor 

Section  36.  The  Mayor  shall  be  that  member  of  the  Com- 
mission who,  at  th€  regular  municipal  election  at  which  the 
three  Commissioners  were  elected,  received  the  highest  num-  . 
ber  of  votes,  except  that  at  the  first  regular  municipal  election 
held  under  this  charter  the  Mayor  shall  be  the  Commissioner 
receiving  the  highest  number  of  votes.  In  case  two  candi- 
dates receive  the  same  number  of  votes,  one  of  them  shall  be 
chosen  Mayor  by  the  remaining  members  of  the  Commission. 
In  event  of  a  vacancy  in  the  office  of  Mayor,  the  remaining 
members  of  the  Commission  shall  choose  his  successor  for  the 
unexpired  term  from  their  own  number.  The  Mayor  shall  be 
the  presiding  officer,  except  that  in  his  absence  a  president 
protempore  may  be  chosen.  The  Mayor  shall  exercise  such 
powers  conferred  and  perform  all  duties  imposed  upon  him  by 
this  charter,  the  ordinances  of  the  city  and  the  laws  of  the 
state.  He  shall  be  recognized  as  the  official  head  of  the  city 
by  the  courts  for  the  purpose  of  serving  civil  processes,  ,by 
the  Governor  for  the  purposes  of  the  military  law,  and  for  all 
ceremonial  purposes. 

Section  37.  In  the  event  the  Commissioner  who  is  acting 
as  Mayor  shall  be  recalled,  the  remaining  members  of  the 
Commission  shall  select  one  of  their  number  to  serve  as 
Mayor  for  the  unexpired  term.  In  the  event  of  the  recall  of 
all  of  the  Commissioners,  the  person  receiving  the  highest 
number  of  votes  at  the  election  held  to  determine  their  suc- 
cessors shall  serve  as  the  Mayor. 

Salaries  and  Attendance 

Section  38.  The  salary  of  each  Commissioner  shall  be 
$1200  per  annum,  except  that  of  the  Mayor,  who  shall  receive 
$1800  per  annum. 

For  each  absence  of  a  Commissioner  from  a  regular  meet- 
ing of  the  Commission,  unless  authorized  by  a  majority  vote 
of  all  members  thereof,  there  shall  be  deducted  a  sum  equal 
to  one  per  cent  (1%)  of  the  annual  salary  of  such  member. 
Absence  from  five  (5)  consecutive  regular  meetings  shall 
operate  to  vacate  the  seat  of  a  member  unless  such  absence 
be  authorized  by  the  Commission. 


18  Charter  of  the  City  of  Dayton 

Meetings  of  the  Commission 

Section  39.  At  ten  o'clock  A.  M.  on  the  first  Monday  in 
January,  following  a  regular  municipal  election,  the  Com- 
mission shall  meet  at  the  usual  place  for  holding  the  meetings 
of  the  legislative  bpdy  of  the  city,  at  which  time  the  newly- 
elected  Commissioners  shall  assume  the  duties  of  their  office. 
Thereafter  the  Commissioners  shall  meet  at  such  times  as 
may  be  prescribed  by  ordinance  or  resolution,  except  that  they 
shall  meet  not  less  than  once  each  week.  The  Mayor,  any 
two  members  of  the  Commission,  or  the  City  Manager,  may 
call  special  meetings  of  the  Commission  upon  at  least  twelve 
(12)  hour's  written  notice  to  each  member  of  the  Commission, 
served  personally  on  each  member  or  left  at  his  usual  place  of 
residence.  All  meetings  of  the  Commission  shall  be  public 
and  any  citizen  shall  have  access  to  the  minutes  and  records 
thereof  at  all  reasonable  times.  The  Commission  shall  de- 
termine its  own  rules  and  order  of  business  and  shall  keep  a 
journal  of  its  proceedings. 

Legislative  Procedure 

Section  40.  The  Commission  shall  be  judge  of  the  elec- 
tion and  qualifications  of  its  members.  A  majority  of  all 
members  elected  shall  constitute  a  quorum  to  do  business. 
The  affirmative  vote  of  a  majority  of  the  members  elected  to 
the  Commission  shall  be  necessary  to  adopt  any  ordinance  or 
resolution.  The  vote  upon  the  passage  of  all  ordinances  and 
upon  the  adoption  of  such  resolutions  as  the  Commission  by 
its  rules  shall  prescribe,  shall  be  taken  by  ''Yea"  and  "Nay" 
and  entered  upon  the  journal.  Every  ordinance  or  resolution 
passed  by  the  Commission  shall  be  signed  by  the  Mayor  or 
two  members,  and  filed  with  the  Clerk  within  two  days  and 
by  him  recorded. 

Ordinance   Enactment 

Section  41.  Each  proposed  ordinance  or  resolution  shall 
be  introduced  in  written  or  printed  form,  and  shall  not  con- 
tain more  than  one  subject,  which  shall  be  clearly  stated  in 
the  title;  but  general  appropriation  ordinances  may  contain 
the  various  subjects  and  accounts  for  which  moneys  are  to  be 
appropriated.  The  enacting  clause  of  all  ordinances  passed 
by  the  Commission  shall  be,  "Be  it  ordained  by  the  Commis- 
sion of  the  City  of  Dayton."  The  enacting  clause  of  all  or- 
dinances submitted  by  the  initiative  shall  be,  "Be  it  ordained 
by  the  people  of  the  City  of  Dayton." 

No  ordinance,  unless  it  be  declared  an  emergency  meas- 
ure, shall  be  passed  on  the 'day  on  which  it  shall  have  been 
introduced,  unless  so  ordered  by  an  affirmative  vote  of  four 
(4)  members  of  the  Commission. 


Charter  of  the  City  of  Dayton  19 

No  ordinance  or  resolution  or  section  thereof  shall  be 
revised  or  amended,  unless  the  new  ordinance  or  resolution 
contain  the  entire  ordinance  or  resolution  or  section  revised 
or  amended  and  the  original  ordinance,  resolution,  section  or 
sections  so  amended  shall  be  repealed. 

Emergency   Measures 

Section  42.  All  ordinances  and  resolutions  shall  be  in 
effect  from  and  after  thirty  (30)  days  from  the  date  of  their 
passage  by  the  Commission,  except  as  otherwise  provided  in 
this  charter.  The  Commission  may,  by  an  affirmative  vote  of 
not  less  than  four  members,  pass  emergency  measures  to  take 
effect  at  the  time  indicated  therein.  An  emergency  measure 
is  an  ordinance  or  resolution  for  the  immediate  preservation 
of  the  public  peace,  property,  health  or  safety,  or  providing 
for  the  usual  daily  operation  of  a  municipal  department,  in 
which  the  emergency  is  set  forth  and  defined  in  a  preamble 
thereto.  Ordinances  appropriating  money  may  be  passed  as 
emergency  measures,  but  no  measure  making  a  grant,  renewal 
or  extension  of  a  franchise  or  other  special  privilege,  or  regu- 
lating the  rate  to  be  charged  for  its  services  by  any  public 
utility,  shall  ever  be  passed  as  an  emergency  measure. 

Clerk 

Section  43.  The  Commission  shall  choose  a  Clerk  and 
such  other  officers  and  employes  of  its  own  body  as  are  neces- 
sary. The  Clerk  shall  be  known  as  the  Clerk  of  the  Commis- 
sion and  shall  keep  records  and  perform  such  other  duties  as 
may  be  required  by  this  charter  or  the  Commission. 

Audit  and  Examination 

Section  44.  The  Commission  shall  cause  a  continuous 
audit  to  be  made  of  the  books  of  account,  records  and  trans- 
actions of  the  administrative  departments  of  the  city.  Such 
audit,  during  each  fiscal  year  shall  be  made  by  one  or  more 
certified  public  accountants  who  hold  a  certificate  issued  by 
the  State  Board  of  Accountancy  of  Ohio  or  by  a  state  main- 
taining an  equal  standard  of  professional  requirements,  which 
entitles  the  holder  of  such  certificate  to  an  Ohio  certificate. 
The  duties  of  the  auditor  or  auditors  so  appointed  shall  in- 
clude the  certifications  of  all  statements  required  under  sec- 
tion 78  of  this  charter.  Such  statements  shall  include  a  gen- 
eral balance  sheet,  exhibiting  the  assets  and  liabilities  of  the 
city,  supported  by  departmental  schedules,  and  schedules  for 
each  utility  publicly  owned  or  operated ;  summaries  of  in- 
come and  expenditure,  supported  by  detailed  schedules;  and 
also  comparisons,  in  proper  classifications,  with  the  last  pre- 
vious year.     The  report  of  such  audit  for  each  previous  year 


20  .  Charter  of  the  City  of  Dayton 

shall  be  printed  and  a  copy  thereof  furnished  to  the  Ohio 
State  Bureau  of  Inspection  and  Supervision  of  Public  Offices, 
to  each  member  of  the  Commission  and  to  each  citizen  who 
may  apply  therefor;  and  a  condensed  summary  thereof  shall 
be  published  in  the  manner  provided  by  the  Commission. 

Publication 

Section  45.  Every  ordinance  or  resolution  upon  its  final 
passage  shall  be  recorded  in  a  book  kept  for  that  purpose, 
and  shall  be  authenticated  by  the  signature  of  the  presiding 
officer  and  the  clerk  of  the  Commission.  Every  ordinance  or 
re'solution  shall  be  published  at  least  once  within  ten  (10) 
days  after  its  final  passage  in  such  manner  as  is  provided  by 
this  charter. 

Investigation  by  Commission 

Section  46.  The  Commission,  or  any  committee  thereof 
duly  authorized  by  the  Commission  so  to  do,  may  investigate 
the  financial  transactions  of  any  office  or  department  of  the 
city  government  and  the  official  acts  and  conduct  of  any  city 
official,  and  by  similar  investigations  may  secure  information 
upon  any  matter.  In  conducting  such  investigations  the 
Commission,  or  any  committee  thereof,  may  compel  the  at- 
tendance of  witnesses  and  the  production  of  books,  papers 
and  other  evidence,  and  for  that  purpose  may  issue  subpoenas 
or  attachments  which  shall  be  signed  by  the  presiding  officer 
of  the  Commission  or  the  chairman  of  such  committee,  as  the 
case  may  be,  which  may  be  served  and  executed  by  any  officer 
authorized  by  law  to  serve  subpoenas  and  other  process.  If 
any  witness  shall  refuse  to  testify  to  any  facts  within  his 
knowledge  or  to  produ-ce  any  papers  or  books  in  his  posses- 
sion, or  under  his  control,  relating  to  the  matter  under  in- 
quiry, before  the  Commission,  or  any  such  committee,  the 
Commission  shall  have  the  power  to  cause  the  witness  to  be 
punished  as  for  contempt.  No  witness  shall  be  excused  from 
testifying  touching  his  knowledge  of  the  matter  under  in- 
vestigation in  any  such  inquiry,  but  such  testimony  shall  not 
be  used  against  him  in  any  criminal  prosecution  except  for 
perjury  committed  upon  such  inquiry. 

City  Manager 

Section  47.  The  Commission  shall  appoint  a  City  Mana- 
ger who  shall  be  the  administrative  head  of  the  municipal 
government  and  shall  be  responsible  for  the  efficient  ad- 
ministration of  all  departments.  He  shall  be  appointed  with- 
out regard  to  his  political  beliefs  and  may  or  may  not  be  a 
resident  of  the  City  of  Dayton  when  appointed.  He  shall 
hold  office  at  the  will  of  the  Commission  and  shall  be  sub- 
ject to  recall  as  herein  provided. 


Charter  of  the  City  of  Dayton  21 

Section  48.  Powers  and  Duties  of  the  City  Manager.  The 
powers  and  duties  of  the^  City  Manager  shall  be 

(a)  To  see  that  the  laws  and  ordinances  are  enforced. 

(b)  To  appoint  and,  except  as  herein  provided,  remove 
all  directors  of  departments  and  all  subordinate  officers  and 
employes  in  the  departments  in  both  the  classified  and  un- 
classified service;  all  appointments  to  be  upon  merit  and  fit- 
ness alone,  and  in  the  classified  service  all  appointments  and 
removals  to  be  subject  to  the  civil  service  provisions  of  this 
charter; 

(c)  lo  exercise  control  over  all  departments  and  di- 
visions created  herein  or  that  may  be  hereafter  created  by  the 
Commission ; 

(d)  To  attend  all  meetings  of  the  Commission  with  the 
right  to  take  part  in  the  discussion  but  having  no  vote ; 

(e)  To  recommend  to  the  Commission  for  adoption  such 
measures  as  he  may  deem  necessary  or  expedient; 

(f)  To  keep  the  Commission  fully  advised  as  to  the 
financial  condition  and  needs  of  the  city;  and 

(g)  To  perform  such  other  duties  as  may  be  prescribed 
bv  this  charter  or  be  required  of  him  by  ordinance  or  resolu- 
tion of  the  Commission. 

Salary 

Section  49.  The  City  Manager  shall  receive  such  salary 
as  may  be  fixed  by  ordinance  of  the  Commission. 

Investigations  by  the  City  Manager 

Section  50.  The  City  Manager  may  without  notice  cause 
the  affairs  of  any  department  or  the  conduct  of  any  officer  or 
employe  to  be  examined.  Any  person  or  persons  appointed 
by  the  City  Manager  to  examine  the  affairs  of  any  department 
or  the  conduct  of  any  officer  or  employe  shall  have  the  same 
power  to  compel  the  attendance  of  witnesses  and  the  produc- 
tion of  books  and  papers  and  other  evidence  and  to  cause  wit- 
nesses to  be  punished  for  contempt  as  is  conferred  upon  the 
Commission  bv  this  charter. 


DEPARTMENTS 

Departments  Established 

Section  51.     The  following  administrative  departments  are 
hereby  established  by  this  charter: 

1.  Department  of  Law. 

2.  Department  of  Public  Service. 

3.  Department  of  Public  Welfare. 

4.  Department  of  Public  Safety. 

5.  Department  of  Finance. 


22  Ckart«r  of  the  City  of  Dayton 

Changes  in  Departments  and  Subdivisions  Thereof 

Section  52.  The  Commission  may  by  ordinance  discon-. 
tinue  any  department  and  determine,  combine,  and  distribute 
the  functions  and  duties  of  departments  and  subdivisions 
thereof. 

Directors  of  Departments 

Section  53.  A  director  for  each  department  shall  be  ap- 
pointed by  the  City  Manager  and  shall  serve  until  removed 
by  the  City  Manager  or  until  his  successor  is  appointed  and 
has  qualified.  He  shall  conduct  the  affairs  of  his  department 
in  accordance  with  the  rules  and  regulations  made  by  the 
City  Manager  and  shall  be  responsible  for  the  conduct  of  the 
officers  and  employes  of  his  department,  for  the  performance 
of  its  business,  and  for  the  custody  and  preservation  of  the 
books,  records,  papers,  and  property  under  its  control.  Sub- 
ject to  the  supervision  and  control  of  the  City  Manager  in  all 
matters,  the  director  of  each  department  shall  manage  the 
department. 

City  Commission  and  Advisory  Boards 

Section  54.  The  Commission  may  appoint  a  City  Plan 
Board  and  upon  the  request  of  the  City  Manager  shall  appoint 
advisory  boards.  The  members  of  such  boards  shall  serve  with- 
out compensation  and  their  duty  shall  be  to  consult  and  advise 
with  the  various  departments.  The  duties  and  powers  thus 
created  shall  be  prescribed  by  ordinance. 


DEPARTMENT  OF  LAW 

City  Attorney 

Section  55.  The  City  Attorney  shall  be  an  attorney  at 
law  admitted  to  practice  in  the  State  of  Ohio  and  shall  be  the 
head  of  the  Department  of  Law.  He  shall  be  the  legal  ad- 
viser of  and  attorney  and  counsel  for  the  city,  and  for  all 
officers  and  departments  thereof  in  matters  relating  to  their 
offical  duties.  He  shall  prosecute  and  defend  all  suits  for  and 
in  behalf  of  the  city,  and  shall  prepare  all  contracts,  bonds 
and  other  instruments  in  writing  in  which  the  city  is  con- 
cerned and  shall  endorse  on  each  his  approval  of  the  form  and 
correctness  thereof. 

Section  56.  The  City  Attorney  shall  be  the  prosecuting 
attorney  of  the  municipal  court.  He  shall  have  such  number 
of  assistants  as  the  Commission  by  ordinance  may  authorize. 
He  shall  prosecute  all  cases  brought  before  such  court  and 
perform  the  same  duties,  so  far  as  they  are  applicable  thereto, 
as  are  required  of  the  prosecuting  attorney  of  the  county. 


Charter  of  the  City  of  Dayton  23 

Section  57.  When  required  to  do  so  by  resolution  of  the 
Commission,  the  City  Attorney  shall  prosecute  or  defend  for 
and  in  behalf  of  the  city,  all  complaints,  suits  and  controver- 
sies in  which  the  city  is  a  party,  and  such  other  suits,  matters 
and  controversies  as  he  shall,  by  resolution  or  ordinance,  be 
directed  to  prosecute  or  defend. 

Section  58.  The  Commission,  the  City  Manager,  th^  di- 
rector of  any  department,  or  any  officer  or  board  not  included 
within  a  department,  may  require  the  opinion  of  the  City 
Attorney  upon  any  question  of  law  involving  their  respective 
powers  and  duties. 

Section  59.  The  City  Attorney  ^hall  apply,  in  the  name  of 
the  city,  to  a  court  of  competent  jurisdiction  for  an  order  of 
injunction  to  restrain  the  misapplication  of  funds  of  the  city, 
or  the  abuse  of  its  corporate  powers,  or  the  execution  or  per- 
formance of  any  contract  made  in  behalf  of  the  city  in  con- 
travention of  law,  or  which  was  procured  by  fraud  or  cor- 
ruption. 

Section  60.  When  an  obligation  or  contract  made  on  be- 
half of  the  city  granting  a  right  or  easement,  or  creating  a 
public  duty,  is  being  evaded  or  violated,  the  City  Attorney 
shall  likewise  applv  tor  the  forfeiture  or  the  specific  perform- 
ance thereof  as  the  nature  of  the  case  requires. 

Section  61.  In  case  any  officer  or  Board  fail  to  perform 
any' duty  required  by  law,  the  City  Attorney  shall  apply  to  a 
court  of  competent  jurisdiction  for  a  writ  of  mandamus  to 
compel  the  performance  of  such  duty. 

Section  62.  In  case  the  City  Attorney,  upon  written  re- 
quest of  any  taxpayer  of  the  city,  fail  to  make  any  application 
provided  for  in  the  preceding  three  sections,  such  taxpayer 
may  institute  suit  or  proceedings  for  such  purpose  in  his 
own  name  on  behalf  of  the  city.  No  such  suit  or  proceeding 
shall  be  entertained  by  any  court  until  such  request  to  the 
City  Attorney  shall  first  have  been  made,  nor  until  the  tax- 
payer shall  have  given  security  for  the  costs  of  the  proceeding. 

Section  63.  No  such  action  to  enjoin  the  performance  of 
a  contract  entered  into,  or  the  payment  of  any  bonds  or  notes 
issued  by  the  city,  shall  be  brought  or  maintained  unless  com- 
menced within  one  year  from  the  date  of  such  contract,  bonds 
or  notes. 

Section  64.  If  the  court  hearing  any  such  action  be  satis- 
fied that  the  taxpayer  had  good  cause  to  believe  his  allegations 
were  well  founded,  or  that  they  are  sufficient  in  law,  it  shall 
make  such  order  as  the  equity  and  justice  of  the  case  demand. 
In  such  case  the  taxpayer  shall  be  allowed  his  costs,  and  if 
judgment  be  finally  entered  in  his  favor,  he  may  be  allowed 
as  part  of  the  costs  a  reasonable  compensation  for  his  attorney. 


24  Charter  of  the  City  of  Daytoa 

City  Attorney  to  Act  as  City  Solicitor. 

Section  65.  In  addition  to  the  duties  imposed  upon  the 
City  Attorney  by  this  charter  or  required  of  him  by  ordinance, 
he  shall  perform  the  duties  which  are  imposed  upon  city 
solicitors  by  the  general  law  of  the  state,  beyond  the  compe- 
tence of  this  charter  to  alter  or  require. 


DEPARTMENT  OF  PUBLIC  SERVICE. 

General  Powers  and  Duties 

Section  66.  Subject  to  the  supervision  and  control  of  the 
City  Manager  in  all  matters,  the  Director  ,  of  Public  Service 
shall  manage  and  have  charge  of  the  construction,  improve- 
ment, repair,  and  maintenance  of  streets,  sidewalks,  alleys, 
lanes,  bridges,  viaducts,  and  other  public  highways;  of  sewers, 
drains,  ditches,  culverts,  canals,  streams,  and  water  courses; 
of  all  public  buildings;  of  boulevards,  squares,  and  other 
public  places  and  grounds  belonging  to  the  city  or  dedicated 
to  public  use,  except  parks  and  playgrounds.  He  shall  manage 
market  houses,  sewage  disposal  plants  and  farms  and  all  pub- 
lic utilities  of  the  city.  He  shall  have  charge  of  the  enforce- 
ment of  all  the  obligations  of  privately  owned  or  operated  pub- 
lic utilities  enforceable  by  the  city.  He  shall  have  charge  of 
the  making  and  preservation  of  all  surveys,  maps,  plans,  draw- 
ings, and  estimates  for  such  public  work;  the  cleaning,  sprink- 
ling, and  lighting  of  streets  and  public  places;  the  collection 
and  disposal  of  waste;  the  preservation  of  contracts,  papers, 
plans,  tools,  and  appliances  belonging  to  the  city  and  pertain- 
ing to  the  departm.ent. 


DEPARTMENT  OF  PUBLIC  WELFARE. 

General  Powers  and  Duties 

Section  67.  Subject  to  the  supervision  and  control  of  the 
City  Manager  in  all  matters,  the  Director  of  Public  Welfare 
shall  manage  all  charitable,  correctional,  and  reformatory 
institutions  and  agencies  belonging  to  the  city;  the  use  of  all 
recreational  facilities  of  the  city  including  parks  and  play- 
grounds. He  shall  have  charge  of  the  inspection  and  super- 
vision of  all  public  amusements  and  entertainments.  He  shall 
enforce  all  laws,  ordinances,  and  regulations  relative  to  the 
preservation  and  promotion  of  the  public  health,  the  preven- 
tion and  restriction  of  disease,  the  prevention,  abatement  and 
suppression  of  nuisances,  and  the  sanitary  inspection  and 
supervision  of  the  production,  transportation,  storage,  and 
sale  of  food  and  foodstuffs.  He  shall  cause  a  complete  and 
accurate  system  of  vital  statistics  to  be  kept.     In  time  of  epi- 


Charter  of  the  City   of  Dayton  25 

demic,  or  threatened  epidemic,  he  may  enforce  such  quaran- 
tine and  isolation  regulations  as  are  appropriate  to  the 
emergency.  The  Director  of  Public  Welfare  shall  provide 
for  the  study  of  and  research  into  causes  of  poverty,  de- 
linquency, crime  and  disease  and  other  social  problems  in  the 
community  and  shall  by  means  of  lectures  and  exhibits  pro- 
mote the  education  and  understanding  of  the  community  in 
those  matters  which  affect  the  public  welfare. 

Health  Officer 

Section  68.  The  Health  Officer  of  the  city  shall  be  under 
the  direction  and  control  of  the  director  of  public  welfare  and 
shall  enforce  all  ordinances  and  laws  relating  to  health  arid 
shall  perform  all  duties  and  have  all  the  powers  provided  by 
general  law  relative  to  the  public  health  to  be  exercised  in 
municipalities  by  health  officers;  provided  that  regulations 
affecting  the  public  health  additional  to  those  established  by 
general  law  and  for  the  violation  of  which  penalties  are  im- 
posed shall  be  , enacted  by  the  Commission  and  enforced  as 
provided  herein. 

DEPARTMENT  OF  PUBLIC  SAFETY 
General  Powers  and  Duties. 

Section  69.  Subject  to  the  supervision  and  control  of  the 
City  Manager  in  all  matters,  the  Director  of  Public  Safety 
shall  be  the  executive  head  of  the  divisions  of  police  and  fire. 
He  shall  also  be  the  chief  administrative  authority  in  all  mat- 
ters affecting  the  inspection  and  regulation  of  the  erection, 
maintenance,  repair,  and  occupancy  of  buildings  as  may  be 
ordained  by  the  Commission  or  established  by  the  general 
law  of  the  State  of  Ohio.  He  shall  also  be  charged  with  the 
enforcement  of  all  laws  and  ordinances  relating  to  weights  and 
measures. 

Division  of  Police 

Section  70.  The  Chief  of  Police  shall  have  exclusive  con- 
trol of  the  stationing  and  transfer  of  all  patrolmen  and  other 
officers  and  employes  constituting  the  police  force,  under 
such  rules  and  regulations  as  the  director  of  public  safety 
may  prescribe.  The  police  force  shall  be  composed  of  a  chief 
of  police  and  such  officers,  patrolmen,  and  other  employes 
as  the  City  Manager  may  determine.  In  case  of  riot,  emer- 
gency, at  time  of  elections  or  similar  occasions,  the  Director 
of  Public  Safety  may  appoint  additional  patrolmen  and  officers 
for  temporary  service  who  need  not  be  in  the  classified 
service. 

Section  71.  No  person  shall  act  as  special  policeman,  spe- 
cial detective,  or  other  special  police  officer  for  any  purpose 
whatsoever,  except  upon  written  authority  from  the  Director 


26  Charter  of  the  City   of  DaytoB 

of  Public  Safety.  Such  authority  shall  be  exercised  only  under 
the  direction  and  control  of  the  Chief  of  Police  and  for  a  speci- 
fied time. 

Division  of  Fire. 

Section  72.  The  fire  chief  shall  have  exclusive  control 
of  the  stationing  and  transfer  of  all  firemen  and  other  officers 
and  employes  constituting  the  fire  force  under  such  rules  and 
regulations  as  the  uirector  of  Public  Safety  may  prescribe. 
The  fire  force  shall  be  composed  of  a  chief  and  such  other 
officers,  firemen,  and  employes  as  the  City  Manager  may  de- 
termine. In  case  of  riot,  conflagration,  or  emergency,  the 
Director  of  Public  Safety  may  appoint  additional  firemen 
and  officers  for  temporary  service  who  need  not  be  in  the 
classified  service. 

Supervision  in  Fire  and  Police  Divisions 

Section  7Z.  The  Chief  of  Police  and  Fire  Chief  shall  have 
the  right  to  suspend  any  of  the  officers  or  employes  in  their 
respective  divisions,  who  may  be  under  their  management  and 
control,  for  incompetence,  neglect  of  duty,  immorality,  drunk- 
eness,  failure  to  obey  orders  given  by  proper  authority  or  for 
any  other  just  and  reasonable  cause.  If  any  officer  or  em- 
ploye be  suspended,  as  herein  provided,  the  chief  of  the  di- 
Adsion  concerned  shall  forthwith  in  writing  certify  the  fact, 
together  with  the  cause  for  the  suspension  and  render  judg- 
ment thereon,  which  judgment,  if  the  charge  be  sustained, 
may  be  suspension,  reduction  in  rank,  or  dismissal,  and  such 
judgment  in  the  matter  shall  be  final,  except  as  may  be  pro- 
vided in  the  rules  and  regulations  of  the  Civil  Service  Board. 
The  Director  of  Public  Safety  in  any  such  investigation  shall 
have  the  same  power  to  administer  oaths  and  secure  the  at- 
tendance of  witnesses  and  the  production  of  books  and  papers 
as  is  conferred  upon  the  Commission. 

Suspension  of  Chief  of  Police  and  Fire  Chief 

Section  74.  The  City  Manager  shall  have  the  exclusive 
right  to  suspend  the  Chief  of  Police  and  Fire  Chief  for  in- 
competence, neglect  of  duty,  immorality,  drunkenness,  failure 
to  obey  orders  given  by  proper  authority,  or  for  any  other 
just  and  reasonable  cause,  If  either  of  such  chiefs  be  so  sus- 
pended the  City  Manager  shall  forthwith  certify  the  fact,  to- 
gether with  the  cause  of  suspension,  to  the  Commission,  who 
within  five  (5)  days  from  the  date  of  receipt  of  such  notice, 
shall  proceed  to  hear  such  charges  and  render  judgment  there- 
on which  judgment  shall  be  final. 

Relief  of  Policemen  and  Firemen 

Section  75.  The  Commission  may  provide  by  general  or- 
dinance for  the  relief,  out  of  the  poHce  or  fire  funds,  of  mem- 


Charter  of  the  City   of  Dayton  27 

bers  of  the  divisions  of  police  and  fire,  temporarily  or  per- 
manently disabled  in  the  discharge  of  their  duty.  Nothing 
herein  shall  impair,  restrict,  or  repeal  any  provision  of  general 
law  authorizing  the  levying  of  taxes  to  provide  for  firemen, 
police,  and  sanitary  police  pension  funds,  and  to  create  and 
perpetuate  boards  of  trustees  for  the  administration  of  such 
funds.  

DEPARTMENT  OF  FINANCE 
General  Duties  of  the  Director  of  Finance 

Section  76.  The  duties  of  the  Director  of  Finance  shall 
include  the  keeping  and  supervision  of  all  accounts  and  the 
custody  of  all  public  money  of  the  city ;  the  purchase,  storage 
and  distribution  of  supplies  needed  by  the  various  depart- 
ments; the  making  and  collection  of  special  assessments;  the 
issuance  of  licenses ;  the  collection  of  license  fees,  and  such 
other  duties  as  the  Commission  may,  by  ordinance,  require. 

City  Accountant 

Section  77.  The  City  Accountant  shall  install  and  have 
supervision  over  the  accounts  of  all  departments  and  offices 
of  the  city.  Whenever  practicable  the  books  of  financial  ac- 
count shall  be  kept  in  the  office  of  the  Department  of  Fi- 
nance. The  City  Accountant  shall  require  daily  departmen- 
tal reports  of  money  receipts  and  the  disposition  thereof;  and 
shall  require  of  each,  in  such  form  as  may  be  prescribed,  cur- 
rent financial  and  operating  statements  exhibiting  each  trans- 
action and  the  cost  thereof. 

Upon  the  death,  resignation,  removal  or  expiration  of  the 
term  of  any  officer,  the  City  Accountant  shall  examine  the 
accounts  of  such  officer  and  report  his  findings  to  the  City 
Manager. 

Accounting  Procedure 

Section  78.  Accounting  procedure  shall  be  devised  and 
maintained  for  the  city  adequate  to  record  in  detail  all  trans- 
actions affecting  the  acquisition,  custodianship,  and  disposi- 
tion of  values,  including  cash  receipts  and  disbursements ;  and 
the  recorded  facts  shall  be  presented  periodically  to  officials 
and  to  the  public  in  such  summaries  and  analytical  schedules 
in  detailed  support  thereof  as  shall  be  necessary  to  show  the 
full  effect  of  such  transactions  for  each  fiscal  year  upon  the 
finances  of  the  city  and  in  relation  to  each  department  of  the 
city  government,  including  distinct  summaries  and  schedules 
for  each  public  utility  owned  and  operated. 

Assessments  and  Licenses 
Section   79.     The   City   Accountant   shall   have   charge   of 
the   preparation   and   certification   of  all   special   assessments 
for  public  improvements;  the  mailing  of  notices  of  such  as- 


28  Charter   of  the  City   of  Dayton 

sessments  to  property  owners  and  all  other  duties  connected 
therewith ;  the  collection  of  such  assessments  as  are  payable 
directly  to  the  city  and  the  preparation  and  certification  of 
all  unpaid  assessments  to  the  county  auditor  for  collection. 
He  shall  issue  all  licenses  and  collect  all  fees  therefor  and  shall 
pay  the  same  to  the  City  Treasurer  in  the  manner  provided  by 
ordinance. 

Payment  of  Claims 

Section  80.  No  warrant  for  the  payment  of  any  claim  shall 
be  issued  by  the  City  Accountant  unless  such  claim  shall  be 
evidenced  by  a  voucher  approved  by  the  head  of  the  depart- 
ment for  which  the  indebtedness  was  incurred  and  counter- 
signed by  the  City  Manager.  Before  issuing  such  voucher 
the  supplies  and  materials  delivered,  or  work  done,  shall  be 
duly  inspected  and  certified  to  by  the  head  of  the  proper  de- 
partment or  office,  or  by  a  person  designated  by  him.  The 
head  of  each  department  or  office  shall  require  proper  time 
reports  from  all  service  rendered  to  be  certified  by  those  hav- 
ing cognizance  thereof,  to  serve  as  a  basis  for  the  prepara- 
tion of  pay-roll  vouchers.  Each  director  of  a  department  and 
his  surety  shall  be  liable  to  the  city  for  all  loss  or  damage 
sustained  by  the  city  by  reason  of  the  negligent  or  corrupt 
approval  of  any  claim  against  the  city  in  his  department. 
Prior  to  drawing  of  a  warrant  for  the  payment  of  any  voucher 
or  claim,  the  City  Accountant  may  at  his  discretion  cause  an 
investigation  or  inspection  to  be  made  by  a  person  designated 
by  him,  and  shall  have  power  to  summon  persons  and  examine 
them  under  oath  or  affirmation,  which  oath  or  affirmation 
he  may  administer. 

Sinking  Fund 

Section  81.  The  members  of  the  Commission,  the  City 
Manager,  and  the  Director  of  Finance  shall  constitute  the 
Sinking  Fund  Trustees.  The  Mayor  shall  be  the  president 
and  the  Director  of  Finance  shall  be  the  secretary  of  the 
Trustees  of  the  Sinking  Fund.  The  Trustees  of  the  Sinking 
Fund  shall  manage  and  control  the  sinking  fund  in  the  man- 
ner provided  by  laws  of  the  State  of  Ohio  or  by  ordinance. 

City  Treasurer 

Section  82.  The  division  of  the  treasury  shall  be  in  charge 
of  the  City  Treasurer  who  shall  be  the  custodian  of  all  public 
money  of  the  city  and  all  other  public  money  coming  into  his 
hands  as  City  Treasurer.  The  City  Treasurer  shall  keep  and 
preserve  such  moneys  in  the  place  or  places  determined  by 
ordinance  or  by  the  provisions  of  any  law  applicable  thereto. 

Section  83.  Except  as  otherwise  provided  in  this  charter, 
the  City  Treasurer  shall,  under  the  supervision  of  the  Director 
of  Finance,  collect,  receive  and  disburse  all  public  money  of 


Charter  of  the  City   of  Dayton  29 

the  city  upon  warrant  issued  by  the  City  Accountant  and  shall 
also  receive  and  disburse  all  other  public  money,  coming  into 
his  hands  as  City  Treasurer,  in  pursuance  of  such  regulations 
as  may  be  prescribed  by  the  authorities  having  lawful  control 
over  such  funds. 

City  Purchasing  Agent 

Section  84.  The  City  Purchasing  Agent  shall,  in  manner 
provided  by  ordinance,  purchase  all  supplies  for  the  city,  sell 
all  real  and  personal  property  of  the  city  not  needed  or  un- 
suitable for  public  use  or  that  may  have  been  condemned  as 
useless  by  the  director  of  a  department.  He  shall  have  charge 
of  ^uch  storerooms  and  storehouses  of  the  city  as  may  be 
provided  by  ordinance,  in  which  shall  be  stored  all  supplies 
and  materials  purchased  by  the  city  and  not  delivered  directly 
to  the  various  departments,  and  he  shall  inspect  all  supplies 
delivered  to  determine  quality  and  quantity  and  conformance 
with  specifications,  and  no  voucher  shall  be  honored  unless  the 
accompanying  invoice  shall  be  indorsed  as  approved  by  the 
City  Purchasing  Agent. 

Section  85.  The  City  Purchasing  Agent  may  require  from 
the  director  of  each  department  at  such  times  as  contracts  for 
supplies  are  to  be  let,  a  requisition  for  the  quantity  and  kind 
of  supplies  to  be  paid  for  from  the  appropriations  of  the  de- 
partment. 

Upon  certification  that  funds  are  available  in  the  proper 
appropriations  such  goods  shall  be  purchased  and  shall  be  paid 
for  from  funds  in  the  proper  department  for  that  purpose. 
However,  this  procedure  shall  not  prejudice  the  City  Purchas- 
ing Agent  from  purchasing  goods  for  cash. to  the  credit  of  the 
store's  account,  to  be  furnished  the  several  departments  on 
requisition,  goods  so  furnished  to  be  paid  for  by  the  depart- 
ment furnished  therewith  by  warrant  made  payable  to  the 
credit  of  the  store's  account. 

The  City  Purchasing  Agent  shall  not  furnish  any  supplies 
to  or  purchase  any  supplies  for  any  department  unless  there 
be  to  the  credit  of  such  department  an  available  appropriation 
balance  in  excess  of  all  unpaid  obligations  sufficient  to  pay  for 
such  supplies. 

Before  making  any  purchase  or  sale,  the  City  Purchasing 
Agent  shall  give  opportunity  for  competition,  all  proposals 
to  be  upon  precise  specifications,  and  under  such  rules  and 
regulations  as  the  Commission  shall  establish.  Each  order 
of  purchase  or  sale  to  be  approved  and  countersigned  by  the 
City  Manager  or  his  deputy. 

Emergencies 
Section  86.     In  cases  of  emergency  purchases  may  be  made 
without  competition,  if  a  sufficient  appropriation  has  thereto- 
fore been  made  against  which  such  purchases  may  lawfully 


30  Charter  of  the  City   of  Dayton 

be  charged.  In  such  cases  a  copy  of  the  order  issued  shall  be 
filed  with  the  City  Purchasing  Agent,  together  with  a  certi- 
ficate by  the  head  of  the  department,  stating  the  facts  of  the 
emergency.     A  copy  of  this  certificate  shall  also  be  attached 

I     to  and  filed  with  the  voucher  covering  payment  for  the  sup- 

1     plies. 

Certification  of  Funds 

Section  87.  No  contract,  agreement  or  other  obligation 
involving  the  expenditure  of  money  shall  be  entered  into,  nor 
shall  any  ordinance,  resolution  or  order  for  the  expenditure 
of  money  be  passed  by  the  Commission,  or  be  authorized  by 
any  officer  of  the  city,  unless  the  Director  of  Finance  first 
certify  to  the  Commission  or  to  the  proper  officer,  as  the  case 
may  be,  that  the  money  required  for  such  contract,  agreement, 
obligation  or  expenditure,  is  in  the  treasury,  to  the  credit 
of  the  fund  from  which  it  is  to  be  drawn,  and  not  appropriated 
for  any  other  purpose,  which  certificate  shall  be  filed  and  im- 
mediately recorded.  The  sum  so  certified  shall  not  thereafter 
be  considered  unappropriated  until  the  city  is  discharged 
from  the  contract,  agreement,  or  obligation. 

Money  in  the  Fund 

Section  88.  All  moneys  actually  in  the  treasury  to  the 
credit  of  the  fund  from  which  they  are  to  be  drawn,  and  all 
moneys  applicable  to  the  payment  of  the  obligation  or  appro- 
priation involved,  that  are  anticipated  to  come  into  the  treas- 
ury before  the  maturity  of  such  contract,  agreement,  or  ob- 
ligation, from  taxes  or  assessments,  or  from  sales  or  services, 
products  or  by-products  or  from  any  city  undertaking,  fees, 
charges,  accounts  and  bills  receivable  or  other  credits  in  the 
process  of  collection;  and  all  moneys  applicable  to  the  pay- 
ment of  such  obligation  or  appropriation,  which  are  to  be  paid 
into  the  treasury  prior  to  the  maturity  thereof,  arising  from 
the  sale  or  lease  of  lands  or  other  property,  and  moneys  to 
be  derived  from  lawfully  authorized  bonds  sold  and  in  process 
of  delivery  shall,  for  the  purposes  of  such  certificate,  be  deemed 
in  the  treasury  to  the  credit  of  the  appropriate  fund  and  sub- 
ject to  such  certification. 

Contracts  for  Public  Advertising 

Section  89.  All  public  advertising  or  publication  necessary 
under  the  provisions  of  this  charter  shall  be  in  a  daily  news- 
paper of  general  circulation  within  the  city,  and  shall  be  done 
by  contract,  or  in  a  journal  published  by  the  city  as  may  be 
determined  by  ordinance.  If  such  contract  shall  be  with  a 
newspaper  it  shall  be  entered  into  only  after  opportunity  has 
been  given  for  competition  under  such  rules  and  regulations 
as  the  Commission  may  establish  and  for  a  term  of  not  longer 
than  one  vear. 


Charter  of  the  City  of  Dayton  31 

Contracts  in  Excess  of  $500 

Section  90.  No  contract  involving  an  expenditure  in  ex- 
cess of  five  hundred  dollars  ($500)  shall  be  awarded  except 
upon  the  approval  of  the  City  Manager  and  the  Commission. 

Bids  in  Excess  of  Estimate 

Section  91.  In  no  instance  shall  contracts  be  let  either  as 
a  whole,  or  in  aggregate  if  bids  for  parts  of  the  work  are  taken, 
which  exceed  the  estimate  for  the  improvement  contemplated. 

Contracts — When  Void.    ' 

Section  92.  All  contracts,  agreements  or  other  obligations 
entered  into  and  all  ordinances  passed,  resolutions  and  orders 
adopted,  contrary  to  the  provisions  of  the  preceding  sections, 

shall  be  void. 

• 

CIVIL  SERVICE 
Members 

Section  93.  The  Commission  shall  appoint  three  electors 
of  the  city  as  a  Civil  Service  Board;  one  to  serve  for  two 
years  and  one  for  four  years  and  one  for  six  years,  to  take 
office  January  1,  1914,  or  as  soon  thereafter  as  appointed  and 
qualified.  Thereafter  members  of  the  Civil  Service  Board 
shall  be  appointed  to  serve  for  six  years  and  until  their  suc- 
cessors have  been  appointed  and  have  qualified.  Members  of 
the  Board  shall  not  hold  any  other  public  office.  The  Com- 
mission may  remove  any  member  of  the  Board  upon  stating 
in  writing  the  reasons  for  removal  and  allowing  him  an  op- 
portunity to  be  heard  in  his  own  defense.  Any  vacancy  shall 
be  filled  by  the  Commission  for  the  unexpired  term. 

Officers  of  the  Board 

Section  94.  Immediately  after  appointment,  the  Board 
shall  organize  by  electing  one  of  its  members  chairman.  The 
Board  shall  appoint  a  chief  examiner  vvho  shall  also  act  as 
secretary.  The  Board  may  appoint  such  other  subordinates 
as  may  by  appropriation  be  provided  for. 

Classification 
Section  95.     The  Civil  Service  of  the  city  is  hereby  divided 
into  the  unclassified  and  the  classified  service. 
1.     The  unclassified  service  shall  include: 

A.  All  officers  elected  by  the  people. 

B.  The  City  Manager. 

C.  The  heads  of  departments  and  heads  of  divisions 
of  departments  and  members  of  appointive  boards. 

D.  The  deputies  and  secretaries  of  the  Manager  and 
one  assistant  or  deputy,  and  one  secretary  for 
each  department,  and  the  Clerk  of  the  Commission. 


32  Charter   of  the  City  of  Dayton 

2.  The  classified  service  shall  comprise  all  positions  not 
specifically  included  in  this  charter  in  the  unclassified  service. 
There  shall  be  in  the  classified  service  three  classes  to  be 
known  as  the  competitive  class,  non-competitive  class,  and 
labor  class. 

A.  The  competitive  class  shall  include  all  positions 
and  employment  for  which  is  is  practicable  to  de- 
termine the  merit  and  fitness  of  applicants  by  com- 
petitive examination. 

B.  The  non-competitive  class  shall  consist  of  all  po- 
sitions requiring  peculiar  and  exceptional  quali- 
fications of  a  scientific,  managerial,  professional, 
or  educational  character,  as  may  be  determined 
by  the  rules  of  the  Board. 

C.  The  labor  class  shall  include  ordinary  unskilled 
labor. 

Rules 

Section  96.  The  Board,  subject  to  the  approval  of  the 
Commission,  shall  adopt,  amend,  and  enforce  a  code  of  rules 
and  regulations,  providing  for  appointment  and  employment 
in  all  positions  in  the  classified  service,  based  on  merit,  effi- 
ciency, ,character,  and  industry,  which  shall  have  the  force 
and  effect  of  law;  shall  make  investigations  concerning  the 
enforcement  and  effect  of  this  chapter  and  of  the  rules 
adopted.    It  shall  make  an  annual  report  to  the  Commission. 

Section  97.  The  Chief  Examiner  shall  be  the  employment 
officer  of  all  city  employes  coming  under  the  classified 
service.  He  shall  provide  examinations  in  accordance  with 
regulations  of  the  Board  and  maintain  lists  of  eligibles  of 
each  class  of  the  service  of  those  meeting  the  requirements 
of  said  regulations.  Positions  in  the  classified  service  shall 
be  filled  by  him  from  such  eligible  lists  upon  requisition  from 
and  after  consultation  with  the  City  Manager.  As  positions 
are  filled  the  employment  officer  shall  certify  the  fact,  by 
proper  and  prescribed  form,  to  the  City  Treasurer  and  the  di- 
rector of  the  department  in  which  the  vacancy  exists. 

Promotion 

Section  98.  The  Board  shall  provide  for  promotion  to  all 
positions  in  the  classified  service,  based  on  records  of  merit, 
efficiency,  character,  conduct  and  seniority. 

Probation  Period 

Section  99.  An  appointment  or  promotion  shall  not  be 
deemed  complete  until  a  period  of  probation  not  to  exceed  six 
months  has  elapsed,  and  a  probationer  may  be  discharged  or 


Charter  of  the  City  of  Daytott  33 

reduced  at  any  time  within  the  said  period  of  six  months, 
upon  the  recommendation  of  the  head  of  the  department  in 
which  said  probationer  is  employed,  with  the  approval  of  the 
majority  of  the  Board. 

Discharge  or  Reduction 

Section  100.  An  employe  shall  not  be  discharged  or  re- 
duced in  rank  or  compensation  until  he  has  been  presented 
with  the  reasons  for  such  discharge  or  reduction,  specifically 
stated  in  writing,  and  has  been  given  an  opportunity  to  be 
heard  in  his  own  defense.  The  reason  for  such  discharge  or 
reduction  and  any  reply  in  writing  thereto  by  such  employe 
shall  be  filed  with  the  Board. 

Appeal  to  the  Board 

Section  101.  Any  employe  of  any  department  in  the  city 
in  the  classified  service  who  is  suspended,  reduced  in  rank, 
or  dismissed  from  a  department  by  the  director  of  that  depart- 
ment or  the  City  Manager,  may  appeal  from  the  decision  of 
such  officer  to  the  Civil  Service  Board,  and  such  Board  shall 
define  the  manner,  time,  and  place  by  which  such  appeal  shall 
be  heard.    The  judgment  of  such  Board  shall  be  final. 

Present  Civil  Service  Employes 

Section  102.  All  persons  in  the  employ  of  the  city  hold- 
ing positions  in  the  classified  service,  as  established  by  this 
charter  at  the  time  it  takes  effect,  shall,  unless  their  positions 
be  abolished,  retain  same  until  discharged,  reduced,  promoted, 
or  transferred  in  accordance  herewith. 

Pay  Rolls  Certified 

Section  103.  The  treasurer  or  other  public  disbursing  of- 
ficer shall  not  pay  any  salary  or  compensation  for  service  to 
any  person  holding  a  position  in  the  classified  service  unless 
the  pay  roll  or  account  for  such  salary  or  compensation  shall 
bear  the  certificate  of  the  Board,  by  its  secretary,  that  the 
persons  named  therein  have  been  appointed  or  employed  and 
are  performing  service  in  accordance  with  the  provisions  of 
this  charter  and  of  the  rules  established  thereunder. 

Investigations 

Section  104.  In  any  investigation  conducted  by  the  Board 
it  shall  have  the  power  to  subpoena  and  require  the  attendance 
of  witnesses  and  the  production  thereby  of  books  and  papers 
pertinent  to  the  investigation  and  to  administer  oaths  to  such 
witnesses. 


34  Charter  of  the  City   of  Dayton 

Political  Belief,  Assessments  and  Activity 

Section  105.  No  person  in  the  classified  service  or  seeking 
admission  thereto,  shall  be  appointed,  reduced  or  removed, 
or  in  any  way  favored  or  discriminated  against  because  of  po- 
litical opinions  or  affiliations,  ot  because  of  race,  color  or  re- 
ligious belief.  No  officer  or  employe  of  the  city  shall  directly 
or  indirectly  solicit  or  receive  or  be  in  any  manner  concerned 
in  soliciting  or  receiving  any  assessment,  ,subscription  or  con- 
tribution for  any  political  party  or  political  purpose  whatever. 
No  person  holding  a  position  in  the  classified  service  shall 
take  any  part  in  political  management  or  affairs  or  in  political 
campaigns  further  than  to  cast  his  vote  or  to  express  privately 
his  opinions.  • 

Violations  and  Penalties 

Section  106.  The  Board,  subject  to  the  approval  of  the 
ommission,  shall  by  ordinance,  determine  the  penalties  for  the 
violation  of  the  Civil  Service  provisions  of  this  charter. 

Salaries 

•  Section  107.  The  salaries  of  the  Board  and  its  employes 
shall  be  determined  by  the  Commission  and  a  sufficient  sum 
shall  be  appropriated  each  year  to  carry  out  the  civil  service 
provisions  of  this  charter. 


IMPROVEMENTS  AND  ASSESSMENTS 
Local  Improvements 
Section  108.  The  Commission  shall  have  power  by  or- 
dinance to  provide  for  the  construction,  reconstruction,  repair 
and  maintenance  by  contract  or  directly  by  the  employment  of 
labor,  of  all  things  in  the  nature  of  local  improvements,  and 
to  provide  for  the  payment  of  any  part  of  the  cost  of  any  such 
improvement  by  levying  and  collecting  special  assessments 
upon  abutting,  adjacent  and  contiguous  or  other  specially 
benefited  property.  The  amount  assessed  against  the  property 
specially  benefited  to  pay  for  such  local  improvements  shall 
not  exceed  the  amount  of  benefits  accruing  to  such  property. 

Methods  of  Special  Assessments 

Section  109.  Special  assessments  upon  the  property 
deemed  benefited  by  a  public  improvement  shall  be  by  any  one 
of  the  following  methods: 

(a)  By  a  percentage  of  the  tax  value  of  the  property  as- 
sessed. 

(b)  In  proportion  to  the  benefits  which  may  result  from 
the  improvement. 

(c)  By  the  foot  frontage  of  the  property  bounding  or 
al)utting  upon  the  improvement. 


Charter  of  the  City  of  Dayton  35 

Preliminary  Resolution 
Section  110.  When  it  is  deemed  necessary  to  make  a  pub- 
lic improvement  to  be  paid  for  in  whole  or  in  part  by  special 
assessment,  the  commission  shall  declare  the  necessity  there- 
for by  resolution,  and  such  resolution  shall  state  the  method  of 
assessment,  and  the  mode  of  payment  and  the  number  of  an- 
nual installments,  together  with  the  total  estimated  cost  of 
the  improvement.  Such  resolution  shall  be  certified  to  the 
Director  of  Finance,  who  shall  thereupon  proceed  to  make  an 
assessment  report,  in  accordance  with  the  method  of  assess- 
ment provided  in  the  resolution,  which  report  shall  be  filed 
with  the  Commission,  and  shall  show  the  lots  and  lands  as- 
sessed, and  the  amount  of  the  assessment  as  to  each,  together 
with  the  amount  of  benefit  or  damage  to  each  lot  or  parcel  of 
land  to  be  assessed,  with  an  estimate  of  the  life  of  the  im- 
provement. The  number  of  annual  installments  in  which 
the  assessment  shall  be  paid,  shall  be  fixed,  but  in  no  case 
shall  they  be  greater  in  number  than  the  estimated  years  of 
the  life  of  the  improvement. 

Plans  of  Proposed  Improvements 
Section  111.  At  the  time  of  the  passage  of  the  resolution 
hereinbefore  provided,  there  shall  be  on  file  in  the  office  of 
the  Director  of  Public  Service  plans,  specifications,  estimates, 
and  profiles  of  the  proposed  improvements,  giving  all  informa- 
tion necessary;  and  such  plans,  specifications,  estimates  and 
profiles  shall  be  open  to  the  inspection  of  the  public. 

Notices  Served 
Section  112.  Upon  the  filing  of  such  report  the  Director 
of  Finance  shall  cause  v.ritten  notice  to  be  served  upon  the 
owner  of  each  lot  or  parcel  of  land  to  be  assessed,  or  other- 
wise affected,  or  upon  the  persons  in  whose  names  the  same 
may  be  assessed  for  taxation  upon  the  tax  duplicate.  Said 
notice  shall  be  served  in  the  manner  provided  for  service  of 
summons  in  civil  actions;  and,  as  to  all  non-residents  and 
persons  who  cannot  be  found,  publication  of  such  notice  shall 
be  made  at  least  once  in  a  daily  newspaper  of  general  circu- 
lation in  the  city.  Said  notice  shall  contain  a  statement  of  the 
character  of  the  proposed  improvement,  the  fact  that  such 
assessment  report  has  been  filed  with  the  Commission,  the  rate 
of  such  assessment,  the  number  of  installments,  the  total 
estimate  of  the  cost  of  the  improvement,  ,the  amount  of 
benefit  or  damage  to  such  lot  or  parcel  of  land,  and  shall  state 
a  time  and  place  when  complaints  and  claims  will  be  heard 
before  the  Board  of  Revision  of  Assessments. 

Board  of  Revision  of  Assessments 
Section   113.     The  City  Manager,  the  City  Attorney,  and 
the  Director  of  Public  Service  shall  constitute  the  Board  of 


36  Charter   of  the  City  of  Dayton 

Revision  of  Assessments.  It  shall  organize  and  meet  at  times 
and  places  to  be  provided  by  its  rules,  and  shall  hear  all  claims 
and  objections  as  to  the  character  of  all  improvements  to  be 
paid  for  in  part  or  in  whole  by  special  assessments,  the  neces- 
sity therefor,  and  the  equity  of  the  assessments  as  provided 
in  the  assessment  report.  A  majority  of  those  constituting 
the  Board  of  Revision  of  Assessments  shall  have  power  to  de- 
termine all  complaints  and  objections  submitted  to  it;  and, 
as  to  each  improvement,  the  board  shall,  after  such  hearing, 
approve,  amend,  equalize,  or  adjust  the  assessment  report  in 
every  detail,  and  shall  report  its  findings  as  to  the  necessity 
for  the  improvements  and  any  amendment  it  directs  in  the 
assessments,  the  estimate  of  benefit  and  allowance  of  damages 
to  the  Commission. 

Claims 

Section  114.  An  owner  of  a  lot  or  of  land  bounding  and 
abutting  upon  a  proposed  improvement,  claiming  that  he  will 
sustain  damage  by  reason  of  the  improvement,  shall  present 
such  claim  to  the  Board  of  Revision  of  Assessments  within 
two  weeks  after  the  service  of  notice  or  the  completion  of 
the  publication  hereinbefore  provided.  Such  claim  shall  be  in 
writing  and  shall  set  forth  the  amount  of  damages  claimed, 
wath  a  general  description  of  the  property  with  respect  to 
which  it  is  claimed  the  damage  will  accrue,  and  shall  be  filed 
with  the  Board  of  Revision  of  Assessments.  Any  owner  who 
fails  so  to  do  shall  be  deemed  to  have  waived  such  damages, 
and  shall  be  barred  from  filing  a  claim  or  receiving  damages 
therefor.  This  provision  shall  apply  to  all  damage  which  will 
obviously  result  from  the  improvement,  but  shall  not  deprive 
the  owner  of  his  right  to  recover  damages  arising,  without 
his  fault,  from  acts  of  the  city  or  of  its  agents.  If,  subsequent 
to  the  filing  of  such  claim,  the  owner  sell  the  property,  or  any 
part  thereof,  the  right  of  damages,  if  any,  shall  follow  the 
ownership  of  the  land  without  other  transference  of  the  claim. 
The  Board  of  Revision  of  Assessments  shall  report  to  the 
Commission  all  such  claims  for  damages  filed  with  it. 

Final  Assessment 

Section  115.  Whenever  the  Board  of  Revision  of  Assess- 
ments shall  have  made  its  final  report  to  the  Commission  as 
to  any  improvement,  the  Commission,  if  it  determine  that  the 
improvement  shall  proceed,  shall  pass  an  ordinance  levying 
the  assessment  as  reported  by  the  Board  of  Revision  of  As- 
sessments and  directing  that  the  improvement  proceed.  In 
such  ordinance  it  shall  be  sufficient  to  describe  the  lots  and 
lands  abutting  upon  the  improvement  and  to  be  assessed 
therefor,  as  all  the  lots  and  lands  bounding  and  abutting  upon 
such  improvement  between  and  including  the  termini  of  the 
improvement;  and  in  describing  lands  which  do  not  abut,  it 


Charter  of  the  City  of  Dayton  37 

shall  be  sufficient  to  describe  the  lots  by  their  appropriate 
lot  numbers,  and  the  lands  by  metes  and  bounds;  and  this 
rule  of  description  shall  apply  in  all  proceedings  in  which  lots 
and  lands  are  to  be  charged  with  special  assessments. 

Section  116.  Special  assessments  shall  be  payable  by  the 
owners  of  the  property  assessed  at  the  time  stipulated  in  the 
ordinance,  and  shall  be  a  lien  from  the  date  of  the  assessment 
upon  the  respective  lots  and  parcels  of  land  assessed,  enforci- 
ble  in  the  manner  provided  by  the  laws  of  the  State  of  Ohio. 

Damages  Assessed 

Section  117.  At  the  time  of  the  passage  of  the  ordinance 
determining  to  proceed  with  the  improvement  as  hereinbefore 
provided,  the  Commission  shall  determine  whether  the  claims 
for  damages  so  filed  shall  be  allowed  and  paid  or  judicially 
inquired  into  either  before  commencing  or  after  the  completion 
of  the  proposed  improvement.  If  it  decide  that  the  damages 
shall  be  assessed  before  commencing  the  improvement,  the 
City  Attorney  shall  then  make  a  written  application  to  the 
Court  of  Common  Pleas,  or  a  judge  thereof  in  vacation,  or  to 
the  Probate  Court,  for  the  summoning  of  a  jury  to  determine 
such  damages,  and  the  judge  shall  direct  that  a  jury  be  sum- 
moned as  is  provided  for  the  appropriation  of  property,  and 
fix  the  time  and  place  for  inquiry  into,  and  assessment  of  such 
damages,  which  inquiry  and  assessment  shall  be  confined  to 
such  claims. 

Section  118.  When  the  Commission  determines  to  assess 
the  damages  after  the  completion  of  the  improvement  for 
which  a  claim  for  damages  has  been  filed  as  hereinbefore  pro- 
vided, the  City  Attorney  shall  within  ten  (10)  days  after  the 
completion  of  the  improvement  make  written  application  as 
hereinbefore  provided  in  the  case  of  the  ascertainment  of  dam- 
ages before  the  improvement  was  made,  and  the  same  proceed- 
ings shall  be  had  as  provided  in  the  next  preceding  section. 

Section  119.  A  person  who  claims  damages  arising  from 
any  cause  shall  not  commence  a  suit  therefor  against  the  city 
until  he  shall  have  filed  a  claim  for  such  damages  with  the 
Director  of  Finance  and  sixty  (60)  days  shall  have  elapsed 
thereafter.  This  provision  shall  not  apply  to  an  application 
for  an  injunction  or  other  proceeding  to  which  it  may  be  neces- 
sary for  such  applicant  to  resort  in  case  of  urgent  necessity. 

Work  to  Be  Done 

♦ 

Section  120.  When  the  Commission  shall  have  passed 
an  ordinance  directing  that  an  improvement  be  made,  to  be 
paid  for  in  whole  or  in  part  by  special  assessments,  the  Di- 
rector of  Public  Service  shall,  as  provided  by  ordinance,  either 
directly  by  the  employment  of  labor  or  by  entering  into  a 
contract  therefor,  cause  the  improvement  to  be  made. 


38  Charter  of  the  City    of  Dayton 

Lands  Unallotted  or  Not  on  Duplicate 

Section  121.  When  special  assessments  arr  levied  by  the 
percentage  of  tax  value  of  the  property  assessed  or  by  the 
foot  frontage  of  the  property  bounding  and  abutting  upon 
the  improvement,  and  there  are  lands  subject  to  such  assess- 
ment which  are  not  assessed  for  taxation,  the,  Director  of  Fi- 
nance shall  fix,  for  the  purpose  of  such  assessment,  the  value 
of  such  lots  as  they  stand  and  of  such  lands  at  such  depths 
as  the  Director  of  Finance  considers  a  fair  average  of  the 
depth  of  lots  in  the  neighborhood,  so  that  it  will  be  a  fair 
average  of  the  assessed  value  of  other  lots  in  the  neighbor- 
hood. Where  lands  are  not  subdivided  into  lots,  but  are  as- 
sessed for  taxation,  the  Director  of  Finance  shall  fix  the  value 
and  the  depth  in  the  same  manner;  but  the  above  rule  shall 
not  apply  in  making  a  special  assessment  according  to  bene- 
fits. 

Interest  on  Assessment  Bonds 

Section  122.  W^hen  bonds  or  notes  are  issued  in  anticipa- 
tion of  the  collection  of  assessments,  the  interest  thereon  shall 
be  treated  as  the  part  of  the  cost  of  the  improvement  for  which 
assessments  may  be  made. 

Limitation  of  Assessments 

Section  123.  The  Commission  shall  limit  all  assessments 
to  the  special  benefits  conferred  upon  the  property  assessed, 
and  in  no  case  shall  there  be  levied  on  any  lot  or  parcel  of  land 
any  assessments  for  any  or  all  purposes  within  a  period  of 
five  years  in  excess  of  thirty-three  and  one-third  percent 
(33  1-3%)  of  the  actual  value  thereof  after  the  improvement 
is  made.  Assessments  levied  for  the  construction  of  main  sew- 
ers shall  not  exceed  the  sum  that,  in  the  opinion  of  the  Com- 
mission, would  be  required  to  construct  an  ordinary  street 
sewer  or  drain  of  sufficient  capacity  to  drain  or  sewer  the  lots 
or  lands  to  be  assessed  for  such  improvement,  nor  shall  any 
lots  or  lands  be  assessed  that  do  not  need  local  drainage,  or 
which  are  provided  therewith. 

City's  Portion  of  Cost 

Section  124.  The  city  shall  pay  such  part  of  the  cost  and 
expense  of  improvements  for  which  special  assessments  are 
levied  as  the  Commission  deems  just,  which  part  shall  not  be 
less  than  one-fiftieth  (1-50)  of  all  such  cost  and  expense;  and 
in  addition  thereto  the  city  shall  pay  the  cost  of  intersections. 
The  Commission  may  provide  for  the  payment  of  the  city's 
portion  of  all  such  improvements  by  the  issuance  of  bonds  or 
notes  therefor,  and  may  levy  taxes,  in  addition  to  all  other 
taxes  authorized  by  law,  to  pay  such  bonds  or  notes  and  the 
interest  thereon. 


Charter,  of  the  City   of   Dayton  39 

Replacing  Existing  Improvements 

Section  125.  The  Commission  may  provide  in  whole  or 
in  part  the  cost  of  replacing  any  improvement  existing  in  a 
street  at  the  time  of  the  adoption  of  this  charter,  by  levying 
special  assessments  as  hereinbefore  provided ;  but  any  assess- 
ment for  such  replacement  in  less  than  fifteen  (15)  years  from 
the  date  of  a  prior  assessment  for  the  improvement  to  be  re- 
placed shall  be  limited  to  a  sum  not  in  excess  of  fifty  percent 
(50%)  of  the  cost  of  such  replacement. 

Subsequent  Improvements 

Section  126.  Every  ordinance  passed  subsequent  to  the 
adoption  of  this  charter,  providing  for  an  improvement  to  be 
paid  for  in  whole  or  in  part  by  special  assessments,  shall  con- 
tain an  estimate  by  the  Director  of  Public  Service  of  the  life 
of  the  proposed  improvement.  Any  assessment  thereafter 
made  for  replacing  such  improvement  within  such  estimated 
period  of  life  shall  be  limited  to  a  sum  not  in  excess  of  fifty 
percent  (50%)  of  the  cost  of  such  replacement.  Assessments 
for  replacements  at  or  after  the  expiration  of  such  estimated 
period  of  life  shall  be  subject  to  no  limitation  except  as  pro- 
vided for  assessments  for  original  improvements. 

Supplementary  Assessments  and  Rebates 

Section  127.  Upon  the  completion  of  any  improvement 
the  Director  of  Finance  shall  rebate  to  the  then  owner  of  the 
property  which  shall  have  been  assessed  to  pay  for  such  im- 
provement, any  surplus  or  excess  remaining  unexpended  for 
the  purpose  which  such  assessment  was  made,  and  in  the  event 
of  their  being  a  deficit  in  the  fund  provided  for  the  making  of 
any  such  improvement,  the  Director  of  Finance  shall  report 
to  the  Commission  a  supplementary  assessment  within  the 
limitations  hereinbefore  provided,  which  supplementary  as- 
sessment shall  be  made  by  ordinance  of  the  Commission  and 
certified  for  collection  as  is  provided  in  the  case  of  original 
assessments.  . 

Sewer,  Water,  Gas  and  Other  Connections 

Section  128.  The  Director  of  Public  Service  shall  have 
authority  to  compel  the  making  of  sewer,  water,  gas  and  other 
connections  whenever,  in  view  of  contemplated  street  im- 
provements or  as  a  sanitary  regulation,  sewer,  water,  gas  and 
other  connections  should  in  his  judgment  be  constructed.  He 
shall  cause  written  notice  of  his  determination  thereof  to  be 
given  to  the  owner  of  each  lot  or  parcel  of  land  to  which  such 
connections  are  to  be  made,  which  notice  shall  state  the  num- 
ber and  character  of  connections  required.  Such  notice  shall 
be  served  by  a  person,  designated  by  the  Director  of  Public 


40  Charter   of  the   City   of   Daj  ton 

Service,  in  the  manner  provided  for  the  service  of  summons 
in  civil  actions.  Non-residents  of  the  city,  or  persons  who 
cannot  be  found,  may  be  served  by  one  publication  of  such 
notice  in  a  daily  newspaper  of  general  circulation  in  the  city. 
The  notice  shall  state  the  time  Avithin  which  such  connections 
shall  be  constructed;  and  if  they  be  not  constructed  within 
the  said  time,  the  work  may  be  done  by  the  city,  and  the  cost 
thereof,  together  with  a  penalty  of  five  percent  (5%)  assessed 
against  the  lots  and  lands  for  which  such  connections  are 
made.  Said  assessments  shall  be  certified  and  collected  as 
other  assessments  for  street  improvements. 

Sidewalks 

Section  129.  The  Commission  may  by  resolution  declare 
that  certain  specified  sidewalks,  curbings,  or  gutters  shall  be 
constructed  or  repaired.  Upon  the  passage  of  such  a  resolu- 
tion the  City  Manager  shall  cause  written  notice  of  the  passage 
thereof  to  be  served  upon  the  owner,  or  agent  of  the  owner, 
of  each  parcel  of  land  abutting  upon  such  sidewalk,  who  may 
be  a  resident  of  the  city,  in  the  manner  provided  by  law  for 
the  service  of  summons  in  civil  actions.  He  shall  return  a 
copy  of  the  notice  with  the  time  and  manner  of  service  en- 
dorsed thereon,  signed  by  the  person  serving  it,  to  the  Di- 
rector of  Public  Service,  who  shall  file  and  preserve  such  re- 
turn. For  the  purpose  of  such  service,  if  the  owner  of  any 
such  property  be  not  a  resident  of  the  city,  any  person  charged 
with  the  collection  of  rent,  or  the  payment  of  taxes  on  such 
property,  or  having  control  thereof  in  any  way,  shall  be  re- 
garded as  the  agent  of  the  owner,  and  service  upon  such  per- 
son shall  have  the  like  force  and  effect  as  though  personal 
service  were  made  upon  the  owner  thereof.  If  it  appear  in 
any  such  return,  however,  that  the  owner  is  a  non-resident, 
or  that  neither  such  owner  or  agent  could  be  found,  one  pub- 
lication of  a  copy  of  the  resolution  in  a  daily  newspaper  of 
general  circulation  in  the  city  shall  be  deemed  sufficient  notice 
to  such  owner. 

Section  130.  If  sidewalks,  curbings  or  gutters  be  not  con- 
structed or  repaired  within  fifteen  (15)  days  from  the  service 
of  the  notice  provided  for  in  the  preceding  section,  or  the 
completion  of  the  publication  thereof,  the  Director  of  Public 
Service  may  proceed  by  direct  employment  of  labor,  or  by 
contract,  to  carry  out  the  said  construction  or  repair  at  the 
expense  of  the  owner,  as  in  the  case  of  other  improvements, 
and  all  such  expense  shall  be  reported  by  the  Director  of  Pub- 
lic Service  to  the  Commission.  The  Commission  shall  there- 
upon, by  ordinance,  assess  the  cost  and  expense  thereof  upon 
the  owner  or  owners  of  all  the  property  bounding  or  abutting 
thereon,  and  such  assessments  shall  be  collected  in  the  same 


Charter  of  the  City  of  Dayton  41 

manner  as  other  assessments,  with  a  penalty  of  five  percent 
(5%)  and  interest  for  failure  to  pay  at  the  time  fixed  by  the 
assessment  resolution. 

Assessment  Bonds 

Section  131.  The  Commission  may  at  any  time  borrow 
money  and  authorize  the  issuance  of  notes  or  bonds  therefor 
in  anticipation  of  the  collection  of  assessments,  levied  for  the 
purpose  of  paying  the  cost  of  constructing  or  repairing  side- 
walks, curbings  and  gutters  which  are  to  be  or  have  been,  con- 
structed by  the  Director  of  Public  Service,  upon  the  failure 
of  the  owners  of  the  property  to  construct  or  repair  the  same, 
pursuant  to  notice  as  hereinbefore  provided. 

Public  Improvements  by  Contract  or  Direct  Labor 

Section  132.  Public  improvements  of  all  kinds  may  be 
made  by  the  appropriate  department,  either  by  direct  employ- 
ment of  the  necessary  labor  and  the  purchase  of  the  necessary 
supplies  and  materials,  with  separate  accounting  as  to  each 
improvement  so  made,  or  by  contract  duly  let  after  competi- 
tive bidding,  either  for  a  gross  price,  or  upon  a  unit  basis  for 
the  improvement,  or  by  contract  containing  a  guaranteed 
maximum  and  stipulating  that  the  city  shall  pay  w^ithin  such 
maximum  the  cost  of  labor  and  materials,  plus  a  fixed  per- 
centage of  profit  to  the  contractor.  The  Commission,  by  or- 
dinance, shall  determine  by  which  of  the  foregoing  methods 
improvements  shall  be  made.  Contracts  may  provide  a  bonus 
per  day  for  completion  of  the  contract  prior  to  a  specified 
date,  and  liquidated  damages  to  the  city  to  be  exacted  in  like 
sum  for  every  day  of  delay  beyond  a  specified  date. 

Alterations  or  Modifications  in  Contract 

Section  133.  When  it  becomes  necessary  in  the  prosecu- 
tion of  any  work,  or  improvement  under  contract,  to  make 
alterations  or  modifications  in  such  contract,  such  alterations 
or  modifications  shall  be  made  only  upon  resolution  of  the 
Commission.  No  such  order  shall  be  effective  until  the  price 
to  be  paid  for  the  work  and  material,  or  both,  under  the  al- 
tered or  modified  contract,  shall  have  been  agreed  upon  in 
writing  and  signed  by  the  contractor  and  the  City  Manager 
upon  authority  of  the  Commission. 

Plat  of  Sub-Division 

Section  134.  An  owner  of  lots  or  grounds  within  the  city. 
who  subdivides  or  lays  them  out  for  sale,  shall  cause  to  be 
made  an  accurate  map  or  plat  of  such  sub-division,  describing 
with  certainty  all  grounds  laid  out,  or  granted  for  streets,  al- 
leys, ways,  commons,  or  other  public  uses.  Lots  sold  or  in- 


42  Ciiarter  of  the  City   of  Dayton 

tended  for  sale  shall  be  numbered  by  progressive  number,  or 
described  by  the  squares  in  which  situated,  and  the  precise 
length  and  width  shall  be  given  of  each  lot  sold  or  intended 
for  sale.  Such  map  or  plat  shall  be  subscribed  by  the  owner 
and  lien  holders,  acknowledged  before  an  officer  authorized 
to  take  the  acknowledgment  of  deeds,  approved  by  the  Di- 
rector of  Public  Service,  and  recorded'  in  the  office  of  the 
County  Recorder. 

Fee  Shall  Vest  in  City 

Section  135.  The  map  or  plat  so  recorded  shall  thereupon 
be  a  sufficient  conveyance  to  vest  in  the  city  the  fee  of  the 
parcel  of  land  designated. or  intended  for  streets,  alleys,  ways, 
commons  or  other  public  uses,  to  be  held  in  the  corporate 
name  in  trust  to  and  for  the  uses  and  purposes  in  the  instru- 
ment set  forth,  expressed,  designated,  or  intended. 

Supervisor  of  Plats 

Section  136.  The  Director  of  Public  Service  shall  be  the 
Supervisor  of  Plats  of  the  city.  He  shall  provide  regulations 
governing  the  platting  of  all  lands  so  as  to  require  all  streets 
and  alleys  to  be  of  proper  width,  and  to  be  co-terminous  with 
adjoining  streets  and  alleys,  and  otherwise  to  conform  to  reg- 
ulations prescribed  by  him.  Whenever  he  shall  deem  it  ex- 
pedient to  plat  any  portion  of  territory  within  the  city  limits, 
in  which  the  necessary  or  convenient  streets  or  alleys  have  not 
already  been  accepted  by  the  city  so  as  to  become  public 
streets,  or  alleys,  or  when  any  person  plats  any  land  within 
the  corporate  limits  or  within  three  miles  thereof,  the  Super- 
visor of  Plats  shall,  if  such  plats  are  in  accordance  with  the 
rules  as  prescribed  by  him,  endorse  his  written  approval  there- 
on. No  plat  subdividing  lands  within  the  corporate  limits, 
or  within  three  miles  thereof,  shall  be  entitled  to  record  in 
the  Recorder's  office  of  the  county  without  such  written  ap- 
proval so  endorsed  thereon. 

Effect  of  Such  Platting 

Section  137.  No  streets  or  alleys,  except  those  laid  down 
on  such  plat  and  bearing  the  approval  of  the  Supervisor  of 
Plats  as  hereinbefore  provided,  shall  subsequently  in  any  way 
be  accepted  as  public  streets,  or  alleys,  by  the  city,  nor  shall 
any  public  funds  be  expended  in  the  repair  or  improvement 
of  streets  and  alleys  subsequently  laid  out  and  not  on  such 
plat.  This  restriction  shall  not  apply  to  a  street  or  alley  laid 
out  by  the  city,  nor  to  streets,  alleys  or  public  grounds  laid  out 
on  a  plat  by  or  with  the  approval  of  the  Supervisor  of  Plats. 


Charter  of  the  City  of  Day  ton  4^ 

Streets  and  Public  Grounds 

Section  138.  The  Commission  shall  provide,  by  ordinance, 
for  the  care,  supervision,  control,  and  improvement  of  public 
highways,  streets,  avenues,  alleys,  sidewalks,  public  grounds, 
bridges,  aqueducts  and  viaducts  within  the  city,  and  shall 
cause  them  to  be  kept  open,  in  repair,  and  free  from  nuisance. 

Alteration  of  Streets 

Section  139.  When  it  deems  it  necessary  the  Commission 
may  cause  any  street,  alley  or  public  highway  to  be  opened, 
straightened,  altered,  diverted,  narrowed,  widened  or  vacated. 

Dedication  of  Streets 

Section  140.  No  street  or  alley  hereafter  dedicated  to 
public  use  by  the  proprietor  of  ground  in  the  city  shall  be 
deemed  a  public  street  or  alley,  or  under  the  care  or  control 
of  the  Commission,  unless  the  dedication  be  accepted  and  con- 
firmed by  ordinance  passed  for  such  purpose,  or  unless  the 
provisions  hereof  relating  to  subdivisions  shall  have  been 
complied  with. 

Vacation  or  Change  of  Name 

Section  141.  The  Commission  in  vacating  any  street  or 
part  of  street,  or  changing  the  name  of  any  street,  may  include 
in  one  ordinance  the  change  of  name  or  the  vacation  or  nar- 
rowing of  more  than  one  street,  avenue  or  alley,  but  before 
vacating  any  street  or  part  thereof,  or  narrowing  any  street, 
the  Commission  shall  first  pass  a  resolution  declaring  its  in- 
tention so  to  do.  The  City  Manager  shall  cause  notice  of  such 
resolution  to  be  served  in  the  manner  that  service  of  summons 
is  required  to  be  made  in  civil  actions  upon  all  persons  whose 
property  abuts  upon  the  portion  of  the  street  affected  by  the 
proposed  vacation  or  narrowing,  and  by  publication  once  in 
one  daily  newspaper  of  general  circulation  in  the  city  as  to 
all  the  persons  who  cannot  be  personally  served.  Said  notice 
shall  state  the  time  and  place  at  which  objections  can  be  heard 
before  the  Board  of  Revision  of  Assessments.  Upon  the  re- 
port by  the  Board  of  Revision  of  Assessments  approving  the 
proposed  vacation  or  narrowing  the  Commission  may  by  or- 
dinance declare  such  vacation  or  narrowing,  and  such  order  of 
the  Commission  vacating  or  narrowing  a  street  or  alley  which 
has  been  dedicated  to  public  use  by  the  proprietor,  shall,  to  the 
extent  to  which  it  is  vacated  or  narrowed,  operate  as  a  revo- 
cation of  the  acceptance  thereof  by  the  Commission,  but  the 
right  of  way  and  easement  therein  of  any  lot  owner  shall  not 
be  impaired  thereby. 


44  Charter  of  the  City  of  Daytos 

APPROPRIATION  OF  PROPERTY 

Appropriation 

Section  142.  Property  within  the  corporate  Hmits  of  the 
city  may  be  appropriated  for  any  public  or  municipal  purpose, 
and  to  the  full  extent  of  the  authority  granted  by  the  constitu- 
tion of  the  state,  such  appropriation  shall  be  made  as  herein 
provided.  By  such  appropriation  the  city  may  acquire  a  fee 
simple  title  or  any  less  estate,  easement  or  use.  Appropria- 
tion of  property  located  outside  the  corporate  limits  of  the  city 
shall  be  made  according  to  the  requirements  of,  and  as  pro- 
vided by  general  law. 

Declaratory  Resolution 

Section  143.  When  it  is  deemed  necessary  to  appropriate 
property  the  Commission  shall  adopt  a  resolution  declaring 
such  intent,  defining  the  purpose  of  the  appropriation,  setting 
forth  a  pertinent  description  of  the  property,  and  the  estate 
or  interest  therein  desired  to  be  appropriated. 

Notice 

Section  144.  Immediately  upon  the  adoption  of  such  reso- 
lution, the  City  Manager  shall  cause  written  notice  thereof 
to  be  given  to  the  owner,  person  in  possession  thereof,  or  hav- 
ing an  interest  of  record  in,  every  piece  of  land  sought  to  be 
appropriated,  or  to  his  authorized  agent;  and  such  notice 
shall  be  served  by  a  person  designated  for  the  purpose,  and  re- 
turn made  in  the  manner  provided  by  law  for  the  service  and 
return  of  summons  in  civil  actions.  If  such  owner,  person  or 
agent  cannot  be  found,  notice  shall  be  given  by  publication 
once  a  week  for  three  consecutive  weeks  in  a  daily  newspaper 
of  general  circulation  in  the  city,  and  the  Commission  may 
thereafter  pass  an  ordinance  directing  such  appropriation  to 
proceed. 

Purchase  Privilege 

Section  145.  After  such  notice,  the  Commission,  if  it  can 
agree  with  the  owner  upon  the  price  to  be  paid  for  such  .prop- 
erty, may,  by  ordinance,  order  the  purchase  thereof. 

Further  Proceedings 

Section  146.  If  the  Commission  shall  be  unable  to  agree 
with  the  owner  upon  the  purchase  price,  it  may  thereafter 
pass  an  ordinance  directing  such  appropriation  to  proceed, 
and  thereupon  the  City  Attorney  shall  make  application  to 
the  Court  of  Common  Pleas,  or  to  a  judge  thereof  in  vacation, 
or  to  the  Probate  Court,  which  application  shall  describe  as 
correctly  as  possible  the  land  or  other  property  to  be  appro- 
priated, the  interest  or  estate  therein  to  be  taken,  the  object 


Charter  of  the  City  of  Dayton  45 

for  which  the  land  is  desired,  and  the  name  of  the  owner  of 
each  lot  or  parcel  thereof,  and  all  the  subsequent  proceedings 
with  regard  thereto  shall  be  in  the  manner  provided  by  gen- 
eral law  for  the  appropriation  of  property  by  municipal  cor- 
porations in  this  state. 


FRANCHISES  AND  PUBLIC  UTILITIES 

Grant 

Section  147.  The  Commission  may  by  ordinance  grant 
permission  to  any  individual,  company  or  corporation  to  con- 
struct and  operate  a  public  utility  in  the  streets  and  public 
grounds  of  the  city.  The  ordinance  granting  any  such  fran- 
chise shall  be  subject  to  petition  and  referendum  as  specified 
in  sections  21  to  31  of  this  charter.  No  franchise  shall  be  con- 
sidered an  emergency  measure. 

Renewals 

Section  148.  The  Commission  may,  by  ordinance,  renew 
any  grant  for  the  construction  or  operation  of  any  utility,  at 
its  expiration  subject  to  petition  and  referendum  as  before 
stated. 

No  Exclusive  Grant 

Section  149.  No  exclusive  franchise  or  renewal  shall  ever 
be  granted  and  no  franchise  shall  be  renewed  before  one  year 
prior  to  its  expiration. 

Conditions 

Section  150.  The  Commission  shall  in  any  ordinance 
granting  or  renewing  any  franchise  to  construct  and  operate 
a  public  utility,  prescribe  the  kind  and  quality  of  service  or 
product  to  be  furnished,  the  rate  or  rates  to  be  charged  there- 
for, the  manner  in  which  the  streets  and  public  grounds  shall 
be  used  and  occupied,  and  any  other  terms  and  conditions 
conducive  to  the  public  interest. 

Termination 

Section  151.  All  such  grants  and  removals  thereof  shall 
reserve  to  the  city  the  right  to  terminate  the  same  and  to  pur- 
chase all  the  property  of  the  utility  in  the  streets  and  high- 
ways in  the  city  and  elsewhere,  as  may  be  provided  in  the  or- 
dinance making  the  grant  or  renewal,  used  in  or  useful  for  the 
operation  of  the  utility,  at  a  price  either  fixed  in  the  ordinance, 
or  to  be  fixed  in  the  manner  provided  by  the  ordinance  making 
the  grant  or  renewal  of  the  grant.  Nothing  in  such  ordinance 
shall  prevent  the  city  from  acquiring  the  property  of  any  such 
utility  by  condemnation  proceedings  or  in  any  other  lawful 
mode ;  but  all  such  methods  of  acquisition  shall  be  alternative 


46  Charter  of  the  City  of  Dayton 

to  the  power  to  purchase,  reserved  in  the  grant  or  renewal 
as  hereinbefore  provided.  Upon  the  acquisition  by  the  city 
of  the  property  of  any  utility,  by  purchase,  condemnation,  or 
otherwise,  all  grants  or  renewals  shall  at  once  terminate. 

Section  152.  No  ordinance  making  such  grant  or  renewal 
shall  be  valid  unless  it  shall  expressly  provide  therein  that 
the  price  to  be  paid  by  the  city  for  the  property  that  may  be 
acquired  by  it  from  such  utility,  by  purchase,  condemnation 
or  otherwise,  shall  exclude  all  value  of  such  grant  or  renewal. 


Extensions 

Section  153.  The  Commission  may,  by  ordinance,  grant 
to  any  individual,  company  or  corporation  operating  a  public 
utility,  the  right  to  extend  the  appliances  and  service  of  such 
utility,  subject  to  petition  and  referendum  as  before  stated. 
All  such  extensions  shall  become  a  part  of  the  aggregate 
property  of  the  utility,  and  shall  be  subject  to  all  the  obliga- 
tions and  reserved  rights  in  favor  of  the  city  applicable  to 
the  property  of  the  utility  by  virtue  of  the  ordinance  providing 
for  its  construction  and  operation.  The  right  to  use  and  main- 
tain any  such  extension  shall  expire  with  the  original  grant  of 
the  utility  to  which  the  extension  was  made  or  any  renewal 
thereof. 

Consents 

Section  154.  No  consent  of  the  owner  of  property  abut- 
ting on  any  highway  or  public  ground  shall  be  required  for 
the  construction,  extension,  maintenance  or  operation  of  any 
public  utility  by  original  grant  or  renewal,  unless  such  public 
utility  is  of  such  a  character  that  its  construction  or  operation 
is  an  additional  burden  upon  the  rights  of  the  property  owners 
in  such  highways  or  public  grounds. 


Regulations 

Section  155.  The  Commission  shall  at  all  times  contro-^ 
the  distribution  of  space,  in,  over,  under  or  across  all  streets 
or  public  grounds  occupied  by  public  utility  fixtures.  All 
rights  granted  for  the  construction  and  operation  of  public 
utilities  shall  be  subject  to  the  continuing  right  of  the  Commis- 
sion to  require  such  reconstruction,  relocation,  change  or  dis- 
continuance of  the  appliances  used  by  the  utility  in -the  streets, 
alleys,  avenues  and  highways  of  the  city,  as  shall  in  the  opin- 
ion of  the  Commission  be  necessary  in  the  public  interest. 


Charter  of  the  Citj  of  Dayton  47 

APPROPRIATIONS 

The  Estimate 

Section  156.  The  fiscal  year  of  the  city  shall  begin  on  the 
first  day  of  January.  On  or  before  the  first  day  of  November 
of  each  year  the  City  Manager  shall  submit  to  the  Commission 
an  estimate  of  the  expenditures  and  revenues  of  the  city  de- 
partments for  the  ensuing  year.  This  estimate  shall  be  com- 
piled from  detailed  information  obtained  from  the  several  de- 
partments on  uniform  blanks  to  be  furnished  by  the  City 
Manager.  The  classification  of  the  estimate  of  expenditures 
shall  be  as  nearly  uniform  as  possible  for  the  main  functional 
divisions  of  all  departments,  and  shall  give  in  parallel  columns 
the  following  information : 

(a)  A  detailed  estimate  of  the  expense  of  conducting  each 
department  as  submitted  by  the  department. 

(b)  Expenditures  for  corresponding  items  for  the  last 
two  fiscal  years. 

(c)  Expenditures  for  corresponding  items  for  the  current 
fiscal  year,  including  adjustments  due  to  transfers  between 
appropriations  plus  an  estimate  of  expenditure  necessary  to 
complete  the  current  fiscal  year. 

(d)  Amount  of  supplies  and  materials  on  hand  at  the  date 
of  the  preparation  of  the  invoice. 

(e)  Increase  or  decrease  of  requests  compared  with  the 
corresponding  appropriations  for  the  current  year. 

(f)  Such  other  information  as  is  required  by  the  Com- 
mission or  that  the  City  Manager  may  deem  advisable  to  sub- 
mit. 

(g)  The  recommendation  of  the  City-  Manager  as  to  the 
amounts  to  be  appropriated  with  reasons  therefor  in  such  de- 
tail as  the  Commission  may  direct. 

Sufficient  copies  of  such  estimate  shall  be  prepared  and 
submitted,  that  there  may  be  copies  on  file  in  the  office  of 
the  Commission  for  inspection  by  the  public. 

Appropriation  Ordinance 

Section  157.  Upon  receipt  of  such  estimate  the  Commis- 
sion shall  prepare  an  appropriation  ordinance  in  such  form 
as  may  be  prescribed  by  ordinance  or  resolution.  Before 
finally  acting  upon  such  tentative  appropriation  the  Commis- 
sion shall  fix  a  time  and  place  for  holding  public  hearings 
upon  the  tentative  appropriation,  and  shall  give  public  notice 
of  such  hearings.  Following  the  public  hearings  and  before  its 
final  passage,  the  appropriation  ordinance  shall  be  published 
with  a  parallel  comparison  with  the  recommendation  of  the 
City  Manager.  The  Commission  shall  not  pass  the  appropria- 
tion ordinance  until  ten  (10)  days  after 'its  publication,  nor  be- 
fore the  second  Monday  in  January. 


48  Charter   of  the  City   of  Dayton 

Revision  of  Appropriations 

Section  158.  If,  at  the  beginning  of  the  term  of  office  of 
the  first  Commission  elected  under  the  provisions  of  this  char- 
ter, the  appropriations  for  the  expenditures  of  the  city  gov- 
ernment for  the  current  fiscal  year  have  been  made,  said  Com- 
mission shall  have  power  by  ordinance  to  revise,  to  repeal  or 
change  said  appropriations  and  to  make  additional  appropria- 
tions. 

Transfer  of  Funds 

Section  159.  Upon  request  of  the  City  Manager  the  Com- 
mission may  transfer  any  part  of  an  unencumbered  balance 
of  an  appropriation  to  a  purpose  or  c^bject  for  which  the  appro- 
priation for  the  current  year  has  proved  insufficient,  or  may 
authorize  a  transfer  to  be  made  between  items  appropriated 
to  the  same  office  or  department. 

Limitations  on  Appropriations 

Section  160.  At  the  close  of  each  fiscal  year  the  unen- 
cumbered balance  of  each  appropriation  shall  revert  to  the 
respective  fund  from  which  it  was  appropriated  and  shall  be 
subject  to  future  appropriation. 

Any  accruing  revenue  of  the  city,  not  appropriated  as 
hereinbefore  provided,  and  any  balances  at  any  time  remain- 
ing after  the  purposes  of  the  appropriation  shall  have  been 
satisfied  or  abandoned,  may  from  time  to  time  be  appropriated 
by  the  Commission  to  such  uses  as  will  not  conflict  with  any 
uses  for  which  specifically  such  revenues  accrued. 

No  money  shall  be  drawn  from  the  treasury  of  the  city, 
nor  shall  any  obligation  for  the  expenditure  of  money  be  in- 
curred, except  pursuant  to  the  appropriations  made  by  the 
Commission. 


GENERAL  PROVISIONS 
Compensation  of  Officers  and  Employes 

Section  161.  The  Commission  shall  fix  by  ordinance  the 
salary  or  compensation  of  the  heads  of  departments,  its  own 
employes,  except  as  is  provided  by  this  charter,  the  salary 
or  compensation  of  the  members  of  the  divisions  of  police 
and  fire  under  the  immediate  control  of  the  chief  thereof,  and 
of  members  of  boards  in  the  unclassified  service  of  the  city. 

The  City  Manager  shall  fix  the  number  and  salaries  or 
compensation  of  all  other  officers  and  employes. 

The  salaries  or  compensations  so  fixed  shall  be  uniform  for 
like  service  in  each  grade  of  the  service  as  the  same  shall  be 
graded  or  classified  by  the  City  Manager  in  accordance  with 
the  rules  and  regulations  adopted  by  the  Civil  Service  Board. 


Charter  of  the  City  of  Dayton  49 

All  such  salaries  and  rates  of  pay  shall  be  reported  to  the  City 
Employment  Officer  forthwith.  All  fees  and  moneys  received 
or  collected  by  officers  and  employes  shall  be  paid  into  the 
paid  by  the  city. 

Official  Bonds  • 

Section  162.  The  Commission  or  City  Manager  in  fixing 
the  salary  of  any  officer,  clerk,  or  employe  shall  determine 
whether  such  officer,  clerk  or  employe  shall  give  a  bond  and 
the  amount  thereof,  which  bond  shall  be  procured  from  a  reg- 
ularly accredited  surety  company  authorized  to  do  business 
under  the  laws  of  Ohio.  Premiums  on  such  bonds  shall  be 
paid  by  the  City. 

Continuance  of  Present  Officers 

Section  163.  All  persons  holding  office  at  the  time  this 
charter  goes  into  effect  shall  continue  in  office  and  in  the  per- 
formance of  their  duties  until  provision  shall  have  been  other- 
wise made  in  accordance  w^ith  the  provisions  of  this  charter 
for  the  performance  or  discontinuance  of  the  duties  of  any 
such  office.  When  such  provision  shall  have  been  made  the 
term  of  any  such  officer  shall  expire  and  the  office  be  abol- 
ished. 

The  powers  which  are  conferred  and  the  duties  which  are 
imposed  upon  any  officer,  board,  commission,  or  department 
of  the  city  under  the  laws  of  the  state  shall,  if  such  officer, 
board,  commission,  or  department  is  abolished  by  this  charter 
be  thereafter  exercised  and  discharged  by  the  officer,  board, 
or  department  upon  whom  are  imposed  corresponding  func- 
tions, duties,  and  powers  under  the  provisions  of  this  charter. 

Oath  of  Office 

Section  164.  Every  officer  of  the  city  shall,  before  enter- 
ing upon  the  duties  of  his  office,  take  and  subscribe  to  an  oath 
or  affirmation,  to  be  filed  and  kept  in  the  office  of  the  Com- 
mission, that  he  will  in  all  respects  faithfully  discharge  the 
duties  of  his  office. 

Continuance  of  Contracts 

Section  165.  All  contracts  entered  into  by  the  city  or  for 
its  benefit  prior  to  the  taking  effect  of  this  charter  shall  con- 
tinue in  full  force  and  effect.  All  public  work  begun  prior  to 
the  taking  effect  of  this  charter  shall  be  continued  and  per- 
fected hereunder.  Public  improvements  for  which  legislative 
steps  shall  have  been  taken  under  laws  in  force  at  the  time 
this  charter  takes  effect  may  be  carried  to  completion  in  ac- 
cordance with  the  provisions  of  such  laws. 


50  Charter  of  the  City   of  Dayton 

Existing  Ordinance 

Section  166.  All  ordinances  and  resolutions  in  force  at  the 
time  of  the  taking  effect  of  this  charter,  not  inconsistent  with 
its  provisions,  shall  continue  in  force  until  amended  or  re- 
pealipd. 

Hours  of  Labor 

Section  167.  The  Commission  shall  have  power  to  pro- 
vide by  ordinance  that  on  any  public  work  carried  on  by  the 
municipality,  whether  done  by  contract  or  otherwise,  not  to 
exceed  eight  hours  a  day  shall  constitute  a  day's  work. 

Assessment  for  Removal  of  Snow,  Weeds,  Etc. 

Section  168.  The  Commission  shall  have  power  to  provide 
by  ordinance  for  assessing  against  the  abutting  property  the 
cost  of  removing  from  the  sidewalks  all  accumulations  of  snow 
and  ice,  and  for  assessing  against  the  property  the  cost  of  cut- 
ting and  removing  therefrom  noxious  weeds  and  rubbish. 

Amendments 

Section  169.  Amendments  to  this  charter  may  be  sub- 
mitted to  the  electors  of  the  city  by  a  majority  vote  of  the 
Commission,  and  shall  be  submitted  by  the  Commission  when 
a  petition  signed  by  ten  (10)  per  cent  of  the  electors  of  the 
city,  setting  forth  any  such  proposed  amendment  shall  have 
been  filed  with  the  election  authorities  in  the  manner  and 
form  prescribed  herein  for  the  submission  of  ordinances  by  an 
initiative  petition.  The  amendment  shall  be  submitted  to  the 
electors  at  the  next  regular  municipal  election  if  one  shall 
occur  not  less  than  sixty  (60)  nor  more  than  one  hundred  and 
twenty  (120)  days  after  its  passage;  otherwise  it  shall  provide 
for  the  submission  of  the  amendment  at  a  special  election  to 
be  called  and  held  within  the  time  aforesaid:  Not  less  than 
thirty  (30)  days  prior  to  such  election  the  clerk  of  the  Com- 
mission shall  mail  a  copy  of  the  proposed  amendment  to  each 
elector  whose  name  appears  upon  the  registration  books  of 
the  last  regular  municipal  or  general  election.  If  such  pro- 
posed amendment  be  approved  by  a  majority  of  the  electors 
voting  thereon  it  shall  become  a  part  of  the  charter  at  the 
time  fixed  therein. 

When  Charter  Takes  Effect 

Section  170.  For  the  purpose  of  nominating  and  electing 
officers  and  exercising  the  powers  of  the  city  as  provided 
herein,  this  charter  shall  take  effect  from  the  time  of  its  ap- 
proval by  the  electors  of  the  city.  For  the  purpose  of  estab- 
lishing departments,   divisions   and   offices,   and   distributing 


Charter  of  the  City  of  Dayton  51 

the  functions  thereof,  and  for  all  other  purposes  it  shall  take 
effect  on  the  first  day  of  January,  1914. 


We,  the  undersigned  members  of  the  Charter  Commission 
of  the  City  of  Dayton,  Ohio,  elected  at  a  special  election  held 
on  the  20th  day  of  May,  A.  D.  1913,  have  prepared  and  hereby 
propose  the  foregoing  as  a  charter  for  the  City  of  Dayton. 

Done  in  duplicate  in  the  City  of  Dayton  this  23rd  day  of 
June,  A.  D.  1913. 

THE  CHARTER  COMMISSION. 

By  John  H.  Patterson, 

Chairman. 
Edward    E.    Burkhart, 

Vice-Chairman. 
Charles    W.    Folkerth, 

Secretary. 
Frederick  H.  Rike, 

Treasurer. 
Lee  Warren  James 
Fred  Cappel 
E.  C.  Harley 
Clarence  E.  Bice 
E.  T.  Banks 
O.  B.  Kneisly 
Albert  I.  Mendenhall 
John  A.  McGee 
Leopold  Rauh 
William  A.  Sparks 
Joseph  B.  Zehnder 


Charter  of  the  City   of  Dayton 


INDEX 

Numbers  referred  to  in  the  index  are  numbers  of  the  sections. 

Sec. 
Absences    from    Commission    1 38 

Accounting    procedure    78 

Accounts,    chief    77 

Accounting  procedure  to  be  installed  by   77 

Special    audits    77 

Payment    of    claims 80 

Warrants  issued  by  80-87-88 

Administrative  departments  51-92 

Advisory    boards    54 

Alleys,  see  streets 

Amusements  and  entertainments,  Supervision  of  67 

Advertisements     45-89 

Amendments  to  charter 169 

Appointments 

IJirectGrs     48 

Departmental    employes 48 

In   classified   service    95-96 

Appropriation  of  property  142 

Appropriation    142 

Declaratory  resolution   143 

Notice  to  be  served 144 

Further   proceedings    146 

Appropriation    ordinance    156-158 

Appropriations 

City    Manager's    estimate    156 

Limitation    on    _- 160 

Unexpended   balances    160 

Assessment   bonds   131 

Interest    on    : 122 

For    sidewalks    129 


Charter  of  the  City  of  Daytoa  68 

Sec. 

Assessments,  Board  of  Revision   113 

Assessments,    Special    109 

Certification   by   Accountant   79 

^Method    of    assessing    109 

Preliminary    resolution    110 

Publication  of  notice  to  non-residents 112 

Complaints  and  objections   113 

Final    115 

When  payable  116 

On  unallotted  lands   121 

Limitation   on   123 

City's  portion  of  cost 124 

Replacing  existing  improvements 125 

•    Supplementary  assessments  and  rebates 127 

Sewer  and  water  connections   128 

Audit   of  city  records   44 

Audits,    special    77 

Avenues,  see  streets 

Ballots     8 

Xon  -  partisan    8 

Form    of 8 

Rotation  of   names   10 

Counting  of   11 

Tie  between  candidates  11 

In   recall  elections   13-20 

Initiated    ordinances     21 

In   referendum   elections    31 

Boards,    Advisory  54 

Bonds  of  city  officials 162 

Bridges 66 

Budget,  see  Estimate     of     city     expenditures,     and     appropriation 
ordinance. 

Buildings  69 

Candidates- 
acceptance   of  candidacy   7-19 

Names  on   ballot   9 

In  recall  elections   19 


&k  Charter  of  the  City  of  Dayton 

Sec. 

Charities  and  eorrections 67 

Charter 

Amendments    169 

When    effective    170 

Chief  of  Police 

Powers     70 

Suspension  of  subordinates  by  , 73 

Suspension   of   74 

City  Plan  Board 54 

See  also  Plat  of  sub-division,  and  Platting  Commissioner. 

City  Treasurer   12 

Civil  Service  Board  93 

Officers    •  94 

Classification  of  civil   service   95 

Rules    1 96 

Examinations     96 

Appointments    97 

Present    employes 102 

Pay  rolls  certified  ^ 103 

Investigations    104 

Political  beliefs 105 

Political   activity    105 

Abuse  of  political  influence   105 

Violations  and  penalties   106 

Salaries  of  city  employes  fixed  by  rules  of 161 

City   Manager   47-50 

How  appointed   47 

Recall    of    13 

Salary 49 

Claims  against  city,  Payment  of 80 

Claims  for  damages  114 

Suits  119 

Classified  service   95 

Clerk  of  Commission   43 

Duties  in  recall  petitions 14-19 

Duties  in  initiative  petitions  23-26 

Condemnation  of  property  142-146 


Charter  of  the  City   of  Dayton  56 

Sec. 
Contract  work 

Hours  of  labor   167 

Contracts 

Commissioners  not  interested  in  profits  6 

When    void    6-92 

Certificate  of  director  of  finance  required 87 

In   excess   of   $500   90 

Public  improvements  by  contract  or  direct  labor 132 

Alterations   in   135 

Interest  of  officers  and  employes  in 6 

Continuance   of   163 

Commission 3 

Legislative    powers    3 

Vacancies    5 

Meetings     39 

Rules  and  Journal  39 

Clerk  and  other  employes 43 

Legislative   procedure ^ 40 

Judge  of  elections  and  qualifications  of  members 40 

Ordinance    enactment    41 

Emergency    measures    42 

jnippropriation    ordinance    157 

Transfer  of  funds   159 

Limitation  on  appropriations 160 

Investigation    by    46 

Audit  and  examination  by 44 

Ordinances,  Filing  and  publication , 45 

Action  on  initiative  petitions  24 

Commissioners     13 

Subject   to   recall  • 13 

Term    4 

Qualifications    6 

Salary    38 

Attendance     38 

Curbings,  =:ee  Side%yalk8 

Damages     114 

Assessment    of    117 

Commission    may    settle    117 


.'<;  Charter   of  the   City   of  Dayton 

Sec. 

Department   of  finance   76 

General  duties 76 

Accounting  procedure   78 

Payment  of  claims 80 

Accounting    77 

xreasury     82 

Purchases   and  supplies   84 

Assessments   and   licenses   79 

Sinking  fund   81 

Contracts    87 

Departmen..  of  finance,  see  also  Director  of  Finance 

Department  of  Law   55-65 

City  Attorney 

General    duties    ^ 55 

Prosecuting  attorney  of  Municipal  court 56 

J.  rosecutor  or  defender  in  suits  ^    57 

Legal    opinion    58 

Application   for   injunction   59 

Application  in  case  of  violated  contracts  60 

Application  in  case  of  non -performance  of  duty 61 

Suit   by   taxpayer   62 

To  act  as  city  solicitor 65 

Member  of  Boara  of  revision  and   assessments   113 

Department  of  public  safety  69-75 

General    powers    and    duties    69 

Police   force    70 

Fire  force   . 72 

Suspension   of    employes 73 

Classification    of    employes    95 

Relief  of  policemen  and  firemen   95 

Appeal  to  civil   service  board  101 

Department  of  public  service 66 

See  also  director  of  public  service 

Department   of  public   welfare   67-68 

General  powers  and  duties 67 

Publicity   and   research    67 

Health  officer  68 

Departments  and  divisions 51 

Change    in    62 


Charter  of  the  City  of  Dayton  5* 

Sec. 

Directors    of    departments    53 

Advisory    boards    54 

See  also  names  of  separate  departments  and  divisions  and  titles 
of  directors. 

Direct  labor  permitted 132 

Director  of  finance 

Supervision   of  expenditures   Dv   76 

Duties    76 

Memoer  of  Sinking  fund  trustees 81 

Director  of  public  service 66 

Member  of  Board  of  revision  and  assessments 113 

To   make    improvements    120 

Duty    as   Platting    commissioner    136 

Ei^ht-hour    day    167 

Elections. 

Nomination    by    petition    7 

Form-  of  ballots  8 

Rotation   of   names    10 

Counting  of  votes 11 

Regular  and   special   12 

Controlled    by   general    law    12 

Recall    30-20 

Referendum 21-38 

Emergency   measures    42 

Referendum  on  '_ 34 

Eminent  domain  142-146 

Estimate  of  city  expenditures  156 

Examinations  for  civil  service  57 

Expenditures. 

Pursuant  to  commission  appropriation 160 

Finance. 

City    Manager's    estimate    156 

Appropriation    ordinance    157 

Transfer  of  funds   159 

Current    revenue    160 

Limitation    on    appropriations    160 

Investigation   by   Commission    46 


58  Charter  of  the  City   of  Dayton 

Sec. 

Audit  and  examination   44 

See  also  Department  of  Finance. 
Director  of  Finance. 

Fire    72 

Suspension  of  subordinates  73 

Suspension   of   chief    ; 74 

Special    firemen  70 

Classification  of  employes 95 

Relief  of  firemen  75 

Appeal   to   Civil    service   board    101 

Fiscal    year    156 

Form  of  government   3 

Franchises    147-155 

Not  to  be  passed  as  emergency  measure 42 

Granting   of   147 

Renewal    of    148 

Extensions 153 

No    exclusive    grant    149 

Consent   of  property   owner   154 

Regulation  of  public  utility  fixtures   155 

Gutters,  see  Sidewalks. 

Health  officer  68 

Highways,  see  Streets. 

Hours    of    labor    167 

Improvements. 

Proposed,    Plan    of    1 111 

Serving   of    notice    112 

Made  by  director  of  public  service 120 

Replacing    existing    125 

Estimate   of   life   of   126 

See  also  Assessments,  Special. 

Indeterminate  franchises. 

Initiated  ordinances. 

Submission  to  electors   21-30 

Ballots     : 27 

Subject  to  referendum   27-31 

Initiative   and   referendum    21-31 

See  also  Referendum. 


Charter  of  the  City  of  Dayton  59 

Sec. 

Initiative  petitions   21 

"Signatures    21 

Number    required     21 

Affidavit   of   circulator    22 

Requirements    22 

Filing  of  23 

Certification    of    ^ 21-26 

Action  of  Commission  24 

Amendments   to   charter    169 

Inspection  of  buildings   69 

Investigation  by  Commission   46 

Investigation  by  City  Manager  50 

Investigation  by  Civil  Service  Board  104 

Labor  Hours  of   167 

Law,   Department   of    55-65 

Legislative  procedure  in  Commission  40 

Licenses     79 

Local   improvements   108 

Market  houses   66 

Mayor  36-81 

Duties     36-37 

Salary    38 

Powers  and  duties 36 

Succession    to    37 

^Member  of  Sinking  fund  board  31 

City  Manager's  estimate  156 

Changes   in    157-158 

Municipal  court. 

City  Attorney  as  prosecuting  attorney  of 56 

Municipal  ownership. 

City   may   purchase   utilities    _-                      -   151 

Newspapers. 

Estimates  to  be  furnished  to 157 

Nominating  petitions. 
Signatures. 

Number    required    7 

Affidavit   of   circular    7 

Requirements     7 


flO  Charter  of  the  City  of  Dayton 

Sec. 

Form  of  petition  paper 7 

Filing  of  petition  paper   :_  7 

Acceptance    of    candidacy    7 

Recall    elections    13-20 

Nomination  by  petition   ^_r_ 7 

Nominations   and  elections  4   to   35 

Nominations  for  recall  elections   19 

Nuisances    67 

Oath   of   office 164 

Officers  and  employes. 

Official  bond   162 

Continuance   of  present  officers   163 

Oath  of  office 164 

Interest  in  contracts  and  supplies 6 

Officials. 

Notification  of  recall  petitions   13-20 

Candidacy   in    recall   elections    13-20 

When  not  subject  to  recall  20 

Investigation  of  conduct   46 

Ordinances. 

Majority  of  votes  necessary  for  enactment 40 

Enactment    41 

Introduction     41 

Enacting    clause    41 

Reading  of   41 

Amending   of   41 

When  taking  effect  41 

Emergency    measures    42 

Appropriation    ordinance    157 

Initiated    21 

Subject  to  referendum   24 

Ratification    of    existing    166 

Parks,  Supervision  of  use  of 67 

Maintenance    of    67 

Payrolls. 

Certified  by  Civil  Service  Board 103 


Charter  of  the  City   of  Dayton  61 

Sec. 
Petitions. 

Nominating    7 

In  recall  elections   13 

Recall   r- 13 

Referendum 25 

Percentages     13-31 

Plat   of  Subdivision   134 

Conveys  fee   to  the  city  135 

Supervisor   of   Plats    , 136 

Playgrounds,   Maintenance    67 

Supervision  of  use  of 67 

Police  force   70 

Power  of  chief 70 

Special    police    70 

Suspension   of   subordinates    73 

Suspension    of   chief    74 

Classification   of  employes    75 

Relief   of    policemen    75 

Appeal  to  Civil  Service  Commission 101 

Salaries   fixed   by   Commission   161 

Political  activity  by  persons  in  classified  service  105 

Political  beliefs,  No  discrimination  because  of   105 

Political  influence,  Abuse  of  105 

Powers  of  city  1 

Exercise    of    powers    2 

Property  owners. 

Consent  not  required  for  operation  of  public  utility 154 

See  also  Assessments,  Special. 

Prosecuting  attorney  of  Municipal  court  56 

Public    buildings    66 

Public  improvements,  see  Improvements. 

See  also  Department  of  Public  Utilities. 

Public    safety.   Department    of    69-75 

Public  utilities. 

City  may  own  and  operate  1 

Public  utilities  under  Director  of  public  service 66 

Franchises 147-155 

Right  of  city  to  purchase   145 


62  Charter  of  the  City   of  Dayton 

Sec. 
Public   utilities    1 66-147 

Public  welfare,  Department  of  67-68 

Publicity   and   research    67 

Public  welfare  department,  See  Department  of  public  welfare. 

Purchases    and    Supplies    84-85 

Rebates  for  unexpended  assessments  --     127 

Recall 13 

Recall    elections    . 13 

Time 14 

Form    of    ballot    18 

Nominations    19 

\\^en    effective    19 

Recall    petitions    13-20 

Signatures,   Number   of    13 

Issued  by  clerk  of  Commission 14 

Signatures,  Requirements   of   15 

Filing    of    16 

Certification   to    Commission    17 

Permitted    when 13 

Recreation    67 

Referendum ^ 21-35 

Initiated   ordinances   subject   to   28 

Conflicting    ordinances    33 

Emergency    measures    34 

Preliminary .  action  on  measures  providing  for  expenditures 35 

Of   amendments   to   charter    169 

Referendum    petitions    21-31 

Signatures    24 

Reconsideration    of    ordinance    21 

Regular  municipal  elections  12 

Reports   of   departments   53 

Revision  of  assessments,  Board  of  113 

Rotation  of  names  on  ballot 10 

Salaries     , 161 

Salaries  of  Commissioners 38 


Charter  of  the  City   of   Dayton  ''■'■> 

Sec. 

Sewage  disposal 66 

Sewer    connections    128 

Sidewalks. 

Construction  and  repair 129 

Bond   issue   131 

Care   of   138 

Signatures. 

Nominating  petitions    7 

Recall    petitions    15 

Initiative   petitions    22 

Sinking  Fund  trustees  81 

Special  municipal   elections   12 

Street   cleaning 138-6G 

Street   lighting   66 

Streets  and  public  grounds. 

Repair  and   maintenance   66-138 

Platting  of  136 

Alteration    of    139 

Dedication    of    140 

Vacation  or  change  of  names  141 

Sub-divisions,  Plat   of   134 

Conveys  fee  to  city   135 

Taxpayers,  Suit  by 62 

Tie   votes   11 

Transfer  of  funds  159 

Treasury    82 

Unallotted  lands,  Special  asesssments  on 121 

Unclassified  service  95 

Vital  statistics  67 

Votes. 

Counting    of    11 

.Majority   of 11 

Ties    11 

Waste    disposal    66 

Water    connections    128 

Water   supply   66 

Welfare    department    67 


THIS  charter  has  been  reprinted  oy  tne  cureau  oi  Muni- 
cipal Research  for  public  distribution,  because  it  is  be- 
lieved to  represent  the  most  advanced  position  in  American 
local  government.  The  document  is  notable  in  providing  a 
nonpartisan,  short  ballot;  the  execution  of  law  by  professional 
administrators;  the  use  of  the  initiative,  referendum  and  re- 
call, and  even  more  exceptional  in  its  detail  of  administrative 
procedure. 

A  few  of  the  features  frequently  neglected  by  charter 
commissions,  but  provided  here  are 

A  continuous  audit  of  city  accounts,  with  a  general 
balance  sheet  exhibiting  assets  and  liabilities  of 
the  city 

The  requirement  of  summaries  of  city  income  and 
expenditures  rather  than  of  receipts  and  expense 

Accounting  procedure  adequate  to  record  in  detail 
all  transactions  affecting  the  acquisition,  cus- 
todianship and  disposition  of  values 

A  scientific  budget  classified  uniformly  for  the  main    ' 
functional  divisions  of  all  departments 

Standardization  and  centralized  purchasing  of  all 
supplies 

Time  sheets  and  certification  of  all  pay-rolls 

Current  financial  and  operating  statements  exhibit- 
ing each  transaction  and  the  cost  thereof 

Adequate  franchise  control 

Citizen-boards  to  consult  and  advise  with  the  various 
departments 

Standardization  of  service  and  compensation,  insuring 
equal  pay  for  equal  work  in  every  branch  of  the 
city  government 

While  all  government  is  dependent  for  its  character  on 
the  quality  of  chosen  officials  and  the  extent  of  citizen-interest, 
it  is  believed  that  these  foregoing  provisions  will  tend  to  in- 
sure a  desirable  minimum  of  efficiency  in  city  government, 
whether  the  voter  cares  or  not. 

Sur^au  of  Humripal  S^s^arrti 

D.  F.  Garland,  President 
Miss  A.  I.  DilKS,  Secretary 

L.  D.  Upson,  Director 

C.  O.  DUSTIN,  Acting  Director 


YC  09419 


